The rule of non-aggravation of the dispute in ICSID arbitration practice

campolieti, federico;

Once a legal dispute has been submitted to arbitration under the International Centre for Settlement of Investment Disputes (ICSID), a general obligation arises for the parties to refrain from taking any action or omission that could potentially aggravate, exacerbate or extend such controversy. The principle was also affirmed in early ICSID cases. In Amco v Indonesia, for instance, the Tribunal pointed to the good and fair practical rule, according to which �both parties to a legal dispute should refrain, in their own interest, to do anything that could aggravate or exacerbate the same, thus rendering its solution possibly more difficult�.