MJIEL Vol 10 Issue 3 2013 - Case Review 1

Review of 2013 International Centre for Settlement of Investment Disputes (ICSID) Decisions
David Collins

The following is a review of some of the key decisions issued by ICSID tribunals in the past year (from end November 2012 to beginning November 2013). In keeping with the format of last year, this review will consider exclusively the publicly available final awards and not decisions on jurisdiction, procedural matters or other documentation relating to ICSID investor-state arbitration claims or their enforcement in national courts. The reason for this focus is purely editorial – it is not to suggest that procedural decisions of ICSID tribunals are not legally important, nor even that they are necessarily of lesser importance than the final awards. There are simply far too many reported materials now published by ICSID through its website to deal with in the space available here. While the trend towards more complete transparency should be celebrated, it does pose practical difficulties in terms of summarizing annual developments in ICSID jurisprudence.

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