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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016$
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Giuliana Ziccardi Capaldo

Print publication date: 2017

Print ISBN-13: 9780190848194

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190848194.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

Introductory Note

Introductory Note

From the First Bondholders’ Claim Held to be Outside the Jurisdiction of ICSID to the Legality Requirement for Lawful Expropriations and Various Elements of Fair and Equitable Treatment—ICSID Arbitration in 2015

Chapter:
(p.713) X.1 Introductory Note
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016
Author(s):

August Reinisch

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190848194.003.0034

In 2015, the jurisprudence of International Centre for Settlement of Investment Disputes (ICSID) tribunals and ad hoc committees largely followed established lines. However, the awards on jurisdiction in the Poštová banka and the Ping An cases evidenced very restrictive approaches to what is required in order to uphold jurisdiction over ICSID claims. On the substance of claims, the tribunals in Tidewater and in Quiborax reaffirmed the legality requirements of expropriations, a string of cases clarified the contours of the fair and equitable treatment standard, while the ad hoc committees in the Daimler and the Kılıç cases continued to diverge on the scope of most-favoured nation (MFN) clauses.

Keywords:   fair and equitable treatment, “in accordance with host state law”-clauses, jurisdiction ratione materiae, legality requirements of expropriations, MFN clauses, notion of investment, ratione personae, and ratione temporis

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