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You are here: Home > Awards & Decisions by Date

Awards and Decisions listed by Date

Awards and decisions are listed in reverse chronological order (from the current year, through to pre-2000).

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Select a year:    2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | Pre 2000
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Awards and Decisions: 2003 Displaying 1 to 10 of 35
1. Consortium RFCC v Morocco, Award, ICSID Case No ARB/00/6; IIC 76 (2003), despatched 22 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Attribution – Claims – Umbrella clause – Standards of treatment – Denial of justice – Fair and equitable treatment standard – Good faith – Most-favoured-nation treatment (MFN) – Non-discrimination – Expropriation – Expropriation of contract rights – Indirect expropriation
Core issue(s): 1. Whether a breach of contract could also constitute a violation of the Italy-Morrocco BIT.
2. Whether contractual rights could be expropriated.
3. Whether there could be a finding of discrimination in the absence of an intention to discriminate.
2. IBM World Trade Corporation v Ecuador, Decision on Jurisdiction and Competence and Dissenting Opinion, ICSID Case No ARB/02/10, IIC 132 (2003), signed 22 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Claims – Investment – Jurisdiction of arbitral tribunals
3. CDC Group plc v Seychelles, Award, ICSID Case No ARB/02/14; IIC 47 (2003), signed 17 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Claims – Contract claims – Debt claim – Investment – Financial instruments – Remedies and costs – Costs and expenses – Interest – Interest, rate of – Interest, post-award – Interest, pre-award – Specialized treaty frameworks – Evidence – Conduct of proceedings – Place of arbitration – Applicable law – Jurisdiction of arbitral tribunals
Core issue(s): 1. Whether an International Centre for the Settlement of Investment Disputes arbitration tribunal has jurisdiction over a purely contractual claim.
2. Whether a state and its state entity may have legitimately relied upon a project's appraisal made by an investor acting in its capacity as a lender.
3. Whether an investor/ lender had a duty of care regarding the state or the state entity arising out of an alleged ‘implied representation’ concerning such project.
4. Nykomb Synergetics Technology Holding AB v Latvia, Award, SCC Case No 118/2001, IIC 182 (2003), signed 16 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Attribution – Investment – Standards of treatment
5. International Thunderbird Gaming Corporation v Mexico, Procedural Order No 3, Ad hoc—UNCITRAL Arbitration Rules, IIC 139 (2003), signed 11 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Conduct of proceedings – Procedural orders – Evidence – Production of documents
6. Azurix Corp v Argentina, Decision on Jurisdiction, ICSID Case No ARB/01/12; IIC 23 (2003), despatched 08 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Parallel proceedings – Fork in the road clause – Waiver – Applicable law – Claims – Calvo clause – Investment – Investor – Nationality of investor – Ownership – Jurisdiction of arbitral tribunals – Treaties, interpretation – Pacta sunt servanda
Core issue(s): 1. Whether an exclusive forum selection clause and a waiver of jurisdiction clause in the underlying investment contract would prevent Azurix from bringing a claim before the Tribunal based on the breach of the Treaty Concerning the Reciprocal Encouragement and Protection of Investment (Argentina–United States) (14 November 1991) Senate Treaty Doc 103–02, entered into force 20 October 1994 (‘Argentina–US BIT’) (‘BIT’).
2. Whether submission of contractual aspects of the dispute to Argentina's domestic courts triggered the fork–in–the–road clause of the BIT, thereby preventing Azurix from pursuing the available remedies under the BIT.
3. Whether Azurix has jus standi under the BIT and international law to bring an indirect claim for the damages suffered by ABA, the Argentinean company in which Azurix had an indirect share ownership.
7. Feldman Karpa v Mexico, Judicial review decision, Court File No 03-CV-23500; IIC 159 (2003), signed 03 December 2003   (free)
Content set: Awards & Decisions
Keyword(s): Evidence – Adverse inference – Burden of proof – Conduct of proceedings – Review of arbitral awards – Judicial review of arbitral awards – Public policy (Canada, Standard of Review) – Standard of Review (Canada)
Core issue(s): 1. The applicable standard of review of an arbitral award.
2. Whether Mexico was unable to present its case.
3. Whether the damages granted by the Tribunal were contrary to public policy.
8. Sector Capital Corporation, Memorandum of Determinations (No 5), OPIC, IIC 217 (2003), signed 22 October 2003   (free)
Content set: Awards & Decisions
Keyword(s): Claims – Investment – Investor – Remedies and costs – Political violence
9. Champion Trading Company and ors v Egypt, Decision on jurisdiction, ICSID Case No ARB/02/9; IIC 56 (2003); 19 ICSID Rev—FILJ 275 (2004), signed 21 October 2003   (free)
Content set: Awards & Decisions
Keyword(s): Investor – Dual national – Genuine and effective link, doctrine of – Host state nationality – Nationality of investor, corporations – Nationality of investor, individuals – Nationality of investor, shareholders – Jurisdiction of arbitral tribunals
Core issue(s): 1. Whether the Tribunal of the International Centre for the Settlement of Investment Disputes (‘ICSID’) had jurisdiction under Article 25(2)(a) of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States to consider the three individual claimants claims for breach of the Treaty between the United States and Egypt Concerning the Reciprocal Encouragement and Protection of Investments (‘US/Egypt BIT’) as they were dual nationals of Egypt and the United States.
2. Whether the corporate claimants had jurisdiction under Article 25(2)(b) to proceed with ICSID Arbitration for the same breaches of the US/Egypt BIT.
10. Bank of America, Memorandum of Determinations, OPIC, IIC 25 (2003), signed 30 September 2003   (free)
Content set: Awards & Decisions
Keyword(s): Expropriation
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