...decision is incompatible with the ICSID Convention[10] and the New York Convention as it unlawfully adds a condition against recognition of arbitral awards[11] and imposes an enforcement condition on ICSID...
Search Results for : "ICSID"
...(“Convention” or “ICSID Convention”) do not distinguish between anti-suit injunctions and other provisional measures. The ICSID Convention does not provide for a specific rule regarding anti-suit injunctions. Article 47 of...
A Multi-Factor Test for Anti-suit Injunctions in ICSID Arbitration – ...
...v. Republic of Bulg., ICSID Case No. ARB/03/24, Order regarding Provisional Measures, ¶ 38 (Sept. 6, 2005), available at https://www.italaw.com/sites/default/files/case-documents/ita0670.pdf. See also Phoenix Action Ltd v. Czech, ICSID Case No....
Interim Measures in International Arbitration: The Case for Applying High ...
...and Abal Hermanos S.A. v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7, Award (Ju. 8, 2006), ¶ 295. [10] Tecnicas Medioambientales Tecmed, S.A. v. The United Mexican States, ICSID...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...ICSID tribunals have already taken positions and clarified the stance over the use of AI. In one of its procedural orders in ICSID Case No. ARB/24/46, an ICSID tribunal has...
Artificial Intelligence in International Arbitration: a Rule of Law Perspective
Author: Anoosha Boralessa* Published: December 2005 Topics: Investment Disputes ICSID Parties Capacity of Parties Description: I. INTRODUCTION “[A]rbitration claims to be free. The will of the parties . . ....
The Limitations of Party Autonomy in ICSID Arbitration – Vol. ...
...the investment.”). [4] Inceysa Vallisoletana S.L. v. Republic of El Salvador, ICSID Case No. ARB/03/26, Award (Aug. 2, 2006). [5] World Duty Free Co. v. Republic of Kenya, ICSID Case...
Leniency Agreements and the Standard of Proof in Investor-State Arbitration: ...
...16, 2020) (“ICSID itself has no formal role in the recognition and enforcement of an award under the ICSID Convention. However, if a party informs ICSID of the other party’s...
Negotiating Funding Arrangements: Trick or Treat
...ICSID Case No. ARB(AF)/99/2, Award ¶ 125. [20] Lion Mexico, ICSID Case No. ARB(AF)/15/2, Award ¶ 290. [21] Jan Oostergetel and Theodora Laurentius v. The Slovak Republic, UNCITRAL Final Award...
Lion Mexico Consolidated v. Mexico: An Unprecedented Finding of Denial ...
...Disputes between States and Nationals of Other States (1965) (“the ICSID Convention”) waives its state immunity by agreeing to recognize and enforce ICSID awards on a mutual and reciprocal basis....
Sovereign Immunity
...under the aegis of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (‘ICSID Convention’). India not being a signatory to the ICSID Convention,...
Is the New York Convention Applicable for the Enforcement of ...
...states and private entities follows the same rule. The enforcement of arbitral awards pursuant to the ICSID Convention is the exception. The ICSID self-contained system provides for a special feature...