The ICSID Convention was originally designed to facilitate the settlement of disputes between host States and foreign investors. Its preamble states that �while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases�. The jurisdictional requirements are laid down in Article 25(1) of the ICSID Conventi…

Existing investment treaty jurisprudence involving cases of investor wrongdoing (such as fraud, illegality or corruption) supports the general proposition that investors engaged in serious wrongdoing cannot benefit from investment treaty protection. Further, even where an investor�s claim is not dismissed at a preliminary stage of the proceedings by a ruling on jurisdiction or admissibilit…

In a recent case brought before the Singapore High Court to review an award on jurisdiction made by a United Nations Commission on International Trade Law (UNCITRAL) tribunal, the Court held that the award on jurisdiction was to be set aside, finding that the bilateral investment treaty (BIT) in question did not extend to the investor�s home State. It marked the first time that the Singapo…

The United States of America (USA) acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) in 1970 and implemented its provisions by enacting Chapter 2 of the Federal Arbitration Act (FAA). The USA also limited the applicability of the New York Convention by adhering to the optional �commercial� reservation. The scop…

In a second case brought by Apotex against the United States under the North American Free Trade Agreement (NAFTA) in the past three years, the Tribunal, albeit on a majority basis subject to a dissent, upheld the Respondent�s preliminary objections to jurisdiction. The Decision in Apotex Holdings Inc and Apotex Inc v The Government of the United States of America sheds further light on th…

Tahun Terbit

2013

Tahun Terbit

2013

Tahun Terbit

2013

Tahun Terbit

2013

Tahun Terbit

2013