The issue of judgment-proof claimants in ICSID arbitration has recently been a focus of attention. As a matter of fact, the Republic of Panama sent a memorandum to ICSID on 12 September 2016, available below, exposing the difficulties of sovereigns being unable to collect costs awards in their favour and requesting the ICSID to examine […]
Supplementation of an Arbitration Award under the ICSID Convention
The supplementation of an arbitration award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions in the award due to an oversight on the part of the tribunal which is likely to be corrected by it once this oversight is pointed out. This oversight should however concern a “question” before the […]
Indian Investment Arbitration Regime Changes
Since the beginning of 2012, India has enacted significant changes with respect to the Indian investment arbitration regime. A new model Bilateral Investment Treaty (“BIT”) was approved in 2015 and will be used to renegotiate all future BIT’s signed by India. In 2016, India also terminated its existing BIT’s with 57 countries, showing India’s intent to withdraw from the Investor-State […]
Kosovo ICSID Arbitration
The youngest European State has been slowly but gradually becoming a Member of various International Organizations, and it now it is facing its first investment treaty arbitration claim.[1] Kosovo has been a member of the IMF and the International Bank for Reconstruction and Development since 2009 and became a member of the ICSID by signing the […]
Rectification of ICSID Awards
The rectification of an award under Article 49(2) of the ICSID Convention is a remedy for inadvertent omissions and minor technical errors in an award. It enables the arbitral tribunal to correct mistakes that may have occurred in the award’s drafting in a non-bureaucratic and expeditious manner. Such corrections are provided for in Article 49(2) of the ICSID Convention: […]