It is argued that a consistent and predictable approach to the defence of necessity in
investment arbitration decisions is possible, through which a better balance of investor protection and state sovereignty could be achieved.
Not exact matches
A separate
arbitration case by Conoco against Venezuela before the World Bank's International Centre for Settlement of
Investment Disputes (ICSID) introduced in 2007 could result in a final
decision later this year, a lawyer close to the case said.
The
decision ends more than eight years of
arbitration which began in July 2004, when the International Centre for Settlement of
Investment Disputes («ICSID») received a request from Vannessa Ventures for
arbitration against Venezuela under ICSID's Additional Facility Rules.
The 2011
decision on jurisdiction and admissibility in Abaclat and Others v Argentina has started a discussion about mass claims processes in
investment treaty
arbitration.
The recent
decision of the European Court of Justice (CJEU) in the case between Slovakia vs. Achmea BV (Case C - 284 / 16) seems to have caused a ripple effect for
investment arbitration: In the case against...
In a
decision recently posted on the Swedish
Arbitration Portal, the Svea Court of Appeal found that the tribunal in an
investment arbitration had lacked jurisdiction to decide the dispute between the parties.
The ICSID Tribunal issued the first
decision with regard to whether Chinese SOEs can bring claims under
investment arbitration.
ISDS is a form of international
arbitration in which corporations can sue governments for damages if they believe governmental
decisions improperly diminish the value of their foreign
investments.
Concerns have also been raised about the absence of a system of binding precedent, inconsistencies in
decision - making, the cost and time involved in
investment arbitration, lack of transparency and the very narrow grounds on which arbitral awards can be challenged.