Digest Of ICSID Awards And Decisions 1974-2002 - An In-depth Analysis

ICSID, the International Centre for Settlement of Investment Disputes, has played a significant role in resolving disputes between investors and states since its establishment in 1966. In this article, we dive deep into the Digest of ICSID Awards and Decisions between the years 1974 and 2002, providing a comprehensive analysis of the cases, their implications, and the evolution of investment arbitration during this period.

The Importance of the Digest of ICSID Awards and Decisions

The Digest of ICSID Awards and Decisions serves as an essential reference tool for anyone interested in investment law and international arbitration. It provides a comprehensive collection of legal decisions made by ICSID tribunals, highlighting key issues, legal principles, and evolving interpretations of international investment agreements.

Understanding ICSID Awards and Decisions from 1974 to 2002

During the analyzed period, numerous groundbreaking cases shaped the landscape of investment arbitration. From disputes involving expropriation and fair treatment to matters concerning jurisdiction and the interpretation of investment treaties, these cases provide a wealth of knowledge for legal practitioners, scholars, and investors alike.

Digest of ICSID Awards and Decisions: 1974-2002

by Richard Happ(1st Edition, Kindle Edition)

5 out of 5

Language	:	English
File size	:	13850 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	414 pages
Lending	:	Enabled

FREE

Key Cases and Legal Principles

One of the notable cases during this period is the Amco v. Republic of Indonesia arbitration. This case saw the tribunal recognizing the concept of indirect expropriation, setting a foundation for subsequent decisions. Other crucial cases include Metalclad v. United Mexican States, Maffezini v. Spain, and CMS v. Argentina, where various aspects of national treatment, fair and equitable treatment, and jurisdictional issues were extensively discussed and analyzed.

Evolving Interpretations and Emerging Trends

The Digest of ICSID Awards and Decisions reveals the ever-evolving nature of investment arbitration. It showcases how tribunals progressively interpret investment agreements to adapt to changing circumstances and emerging market dynamics. The analyzed period covers the transition from a more traditional understanding of investment protection to a broader interpretation that takes into account environmental concerns, human rights, and sustainable development objectives.

Implications for Modern Investment Arbitration

The analysis of the Digest of ICSID Awards and Decisions from 1974 to 2002 offers significant insights for contemporary investment disputes. Understanding the precedents set during this era enables more accurate predictions of tribunal decisions, enhances legal arguments, and assists in formulating effective investment strategies. It also showcases the evolution and development of investment arbitration as a means of resolving international investment disputes.

The Digest of ICSID Awards and Decisions 1974-2002 provides a valuable resource for anyone involved in investment law and arbitration. This in-depth analysis of the key cases, legal principles, and emerging trends during this period sheds light on the evolution of investment arbitration and serves as a guide for navigating contemporary investment disputes. By understanding the developments of the past, we can better anticipate and shape the future of international investment law.

Digest of ICSID Awards and Decisions: 1974-2002

by Richard Happ(1st Edition, Kindle Edition)

5 out of 5

Language	:	English
File size	:	13850 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	414 pages
Lending	:	Enabled

FREE

Investment arbitration has become the primary means of settling disputes between states and foreign investors. The majority of those arbitration proceedings take place before tribunals of the International Centre for the Settlement of Investment Disputes (ICSID). This book provides the reader with a reliable reference guide containing concise summaries of the facts and holdings of ICSID Tribunals in the years 1974-2002. This period saw some of the most controversial
and interesting ICSID awards and decisions, such as those in the Tradex, Metalclad, and Salini cases. This jurisprudence has significantly influenced the application of the ICSID Convention and been the subject of much scholarly debate.

The summaries provide quick access to the details of the case, removing the need to read the full text of the award or decision until its relevance is known. Extensive cross-references and footnotes allow easy navigation and facilitate in-depth research by giving a valuable starting point.

The book also includes analytical chapters tracing the development of procedural and substantive issues and assessing the 'precedent' value of the decisions. By analysing the awards and decisions in the light of subsequent developments, the authors also identify those which have withstood the test of time.