MJIEL Vol 14 Issue 3 2017 - Case Review 1

Review of 2017 ICSID Decisions
David Collins
 
ABSTRACT: This note will consider some of the leading decisions issued by tribunals constituted under the rules of the International Centre for the Settlement of Investment Disputes (‘ICSID’) during the period December 2016 until November 2017. In keeping with the format adopted in previous years it will deal with publicly disclosed decisions, including both awards and decisions on jurisdiction issued during this time, although some of the decisions were dispatched to the parties earlier. The ICSID Annual Report of September this year announced that there were 49 arbitration cases launched at ICSID through from the previous September. This is the second highest number of cases registered at the centre of all time. The dominant form of consent is the Bilateral Investment Treaty (‘BIT’). Awards upholding claims in part or full were issued 27 per cent of the time, with awards being dismissed 25 per cent of the time. Combining the latter statistic with denials of jurisdiction at 13 per cent, it would seem as though once again in 2017, respondent states normally win.1

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