The International Centre for the Settlement of Investment Disputes (ICSID) Convention allows parties to an ICSID arbitration to request provisional measures from arbitral tribunals. Provisional measures are frequently requested in the course of arbitrations, and the ICSID has compiled a comprehensive table with past requests for provisional measures, showing when requests for provisional measures in […]
ICSID Arbitration
Enforcement of an ICSID Arbitration Award in the United Kingdom and EU Law
The enforcement of an ICSID investment arbitration award in the United Kingdom can be a complex matter, especially when doing so would arguably violate EU law. In January 2017, the UK High Court delivered a judgement to stay enforcement proceedings of the final ICSID award in the case of Ioan Micula and others v Romania, […]
SAUR INTERNATIONAL SA V. REPUBLIC OF ARGENTINA (ICSID CASE NO. ARB/04/4)
The Claimant in this case was a subsidiary of Société d’Aménagement Urbain et Rural, S.A., specializing in water production, water treatment, water distribution and sanitization. The Claimant had participated and won a bid by the Province of Mendoza to privatize the Argentinian company Obras Sanitarias Mendoza (“OSM”). OSM and the Province then signed a concession […]
GETMA INTERNATIONAL, NCT NECOTRANS, GETMA INTERNATIONAL INVESTISSEMENTS & NCT INFRASTRUCTURE & LOGISTIQUE v. THE REPUBLIC OF GUINEA – ICSID 28 June 2012
This decision relates to the Respondent’s request to disqualify one of the arbitrators, namely Mr. Bernardo M. Cremades, who had been appointed by the Claimant. The Claimant had filed for arbitration at the ICSID on 29 September 2011 under the ICSID Convention and the Investment Code of the Republic of Guinea. The Parties agreed that […]
IMPREGILO S.P.A. V. ARGENTINE REPUBLIC (ICSID CASE NO. ARB/07/17) – AWARD of 21 June 2011
In 1996, Claimant was awarded a contract for a concession to privatize the water and sewer services of the Province of Buenos Aires. To execute the contract, Claimant incorporated AGBA (an Argentinean company). Under the contract, AGBA acquired the exclusive right to collect, treat, transport, distribute and commercialize water and sewage and, in return, was […]
MALICORP LIMITED V. THE ARAB REPUBLIC OF EGYPT (ICSID CASE NO. ARB/08/18) – AWARD
The dispute between Malicorp Ltd, an English Company, and the Republic of Egypt, arose out of the allegedly illegal termination of a concession contract amounting to a violation of the Bilateral Investment Treaty between the United Kingdom of Great Britain and Northern Ireland and Egypt of 1975 (the “BIT”). In 2000, Malicorp was awarded a […]
ATA CONSTRUCTION, INDUSTRIAL AND TRADING COMPANY V. THE HASHEMITE KINGDOM OF JORDAN (ICSID CASE ARB/08/2) AWARD 18 May 2010
In this ICSID case Claimant, a Turkish company, started an arbitration in relation to a dispute with the Arab Potash Company (“APC”), a Jordan government-owned company, arising out of the collapse of a dike Claimant had built. On 30 September 2003, a FIDIC Tribunal issued an award entirely in favor of Claimant. Following this ruling, […]
FRAPORT AG FRANKFURT AIRPORT SERVICES WORLDWIDE V. REPUBLIC OF THE PHILIPPINES (ICSID CASE NO.ARB/03/25) – DECISION ON THE APPLICATION FOR ANNULMENT – 23 December 2010
This dispute concerned Fraport AG Frankfurt Airport Services Worldwide’s (“Fraport”) application for annulment of an ICSID award issued on 16 August 2007. This arbitral award had been the result of a dispute in relation to a concession agreement for the construction and operation of a terminal at the international airport in Manila. In 2002, Respondent, […]
BURIMI SRL AND EAGLE GAMES SH.A V. REPUBLIC OF ALBANIA (ICSID CASE NO. ARB/11/18) AWARD – 28 May 2013
This ill-fated case was governed by the Agreement for the Promotion and Protection of Investments concluded between Italy and the Albania (“BIT”), Albania’s Foreign Investment Law (“FIL”) and the ICSID Convention and Arbitration Rules. In 2004, Eagle Games, a lottery tickets company, applied for a gambling permit from Albania’s Finance Ministry and was awarded a […]