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A case can be processed under the ICSID Additional Facility Rules if one of the parties to the dispute is either not a contracting member state or a national of a contracting member state. However, most cases are arbitrated under the ICSID Convention. [22] [23] [24] Recourse to ICSID conciliation and arbitration is entirely voluntary. However ...
The case was decided together with AlixPartners LLP v The Fund for Protection of Investor Rights in Foreign States which concerned an investor-state arbitration. In a unanimous decision, the Court ruled that a private arbitral tribunal overseas is not a "foreign or international tribunal" under 28 U.S.C. § 1782(a). [1]
Also, most ICSID awards, although confidential, are de facto published by consent of the parties. However, many awards under other arbitration rules are not public and, in the case of investor-arbitration at the ICC, there is a requirement for blanket confidentiality for all aspects of a case.
Notwithstanding certain burgeoning nationalist sentiments and brewing international trade wars, ours is a global economy that depends on the rule of law to function efficiently.
The Malaysia Sulu case is an international legal dispute in which persons claiming to be heirs of the Sultanate of Sulu made claims against the government of Malaysia by way of arbitration. The claims were subsequently litigated in the Spanish, French, and Dutch court systems. [ 1 ]
International law, Arbitration: The English courts have the power to stay execution of an award by the International Centre for Settlement of Investment Disputes (ICSID) and the UK's enforforcement of obligations under and the ICSID Convention are unaffected by the EU Treaties. [5]
The ICSID Review—Foreign Investment Law Journal is a biannual peer-reviewed academic journal covering foreign investment law and international investment dispute settlement. Until 2011 it was published by the Johns Hopkins University Press on behalf of the International Centre for Settlement of Investment Disputes (ICSID), an independent ...
Yukos shareholders v. Russia are several international court and arbitral cases seeking compensation from the government of Russia to the former shareholders of Yukos based on the claim that Russian courts were not acting in good faith in launching tax evasion criminal proceedings against Yukos, which led to the bankruptcy of the company.