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Gauthier Vannieuwenhuyse

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/157180309X429650 Th e Law and Practice of International Courts and Tribunals 8 (2009) 115–141 brill.nl/lape Bringing a Dispute Concerning ICSID Cases and the ICSID Convention Before the International Court of Justice Gauthier Vannieuwenhuyse

Antonius R. Hippolyte

the numerous claims filed against Argentina in the International Centre for the Settlement of Investment Disputes ( icsid ) in the aftermath of its 2002 economic crisis. 18 This has impacted heavily on States’ ability to implement domestic policies while presenting themselves as attractive havens

Julien Fouret

I NTERNATIONAL O RGANIZATIONS L AW R EVIEW www.brill.nl/iolr © Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/157237307X217348 The World Bank and ICsID: Family or Incestuous ties? Julien Fouret* LL.M. (McGill); D.E.A. Droit des relations économiques internationales et communautaires

Laurens J.E. Timmer

I. Introduction 1 The International Centre for the Settlement of Investment Disputes (“ICSID”) has witnessed an explosion in annulment litigation in the last few years. 2 More decisions on annulment were published under the Convention for the Settlement of Investment Disputes (“ICSID

Guillaume Borg and Jean-Christophe Honlet

LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS: A PRACTITIONERS’ JOURNAL CONTENTS Volume 7 No. 1 September 2008 Articles Jean-Christophe Honlet and Guillaume Borg / Th e Decision of the ICSID Ad Hoc Committee in CMS v. Argentina Regarding the Conditions of Application of an Umbrella Clause

Yulia Andreeva

Revisited Yulia Andreeva * Associate, Debevoise & Plimpton LLP, New York, USA Abstract Th e absence of a defi nition of “investment” in the ICSID Convention has led several arbitral tribunals to develop a narrow reading of this term. Th e most recent notable example of such conservative interpretation is a

Perry S. Bechky

1 Introduction Salini v. Morocco is a canonical case in international investment law. 1 Before Salini in 2001, little attention was paid to the “investment requirement” in the ICSID Convention – the idea that ICSID tribunals should determine, as a condition of their jurisdiction

Frederic Gilles Sourgens

© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/187197407X192923 International Community Law Review 9 (2007) 59–102 I NTERNATIONAL C OMMUNITY L AW R EVIEW ICSID Arbitration and the Importance of Public Accountability of a Private Judicature – A Roman Law Perspective Frederic Gilles Sourgens 1

Enforcement of Intra-EU ICSID Awards

Multilevel Governance, Investment Tribunals and the Lost Opportunity of the Micula Arbitration

Christian Tietje and Clemens Wackernagel

it is entirely possible. The Micula arbitration, conducted under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), marks the culmination of the tension between European Union (EU) law and international investment law. 3 The dispute concerned Romania

The Independence and Impartiality of ICSID Arbitrators

Current Case Law, Alternative Approaches, and Improvement Suggestions

Series:

Maria Nicole Cleis

The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.