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Awards and Decisions listed by Date
Awards and decisions are listed in reverse chronological order (from the current year, through to pre-2000).
Click on a year to view a list of awards and decisions from that year.
To display an award or decision, click on the linked title.
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| Awards and Decisions: 2004 |
Displaying 1 to 10 of 36 |
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| 1. |
Ceskoslovenska Obchodni Banka AS v Slovakia, Award, ICSID Case No ARB/97/4; IIC 51 (2004), signed 29 December 2004  (free)
Content set: Awards & Decisions
Keyword(s): Applicable law – Choice of law – Host state law – Relationship of international law & host state law – Treaty provisions – Claims – Contract claims
Core issue(s): 1. Whether the law applicable to Ceskoslovenska Obchodni Banka AS's (‘CSOB’) claim against Slovakia was based on the Consolidation
Agreement (‘CA’).
2. What the legal nature was of the ‘covered losses’ provision of Article 3 of the CA.
3. What the meaning was of ‘losses’ and ‘covered losses’ under Article 3 of the CA.
4. Whether CSOB was the beneficiary of the ‘cover losses’ provision of the CA and whether CSOB had any right to claim such losses.
5. Whether Slovakia was obliged to pay full compensation.
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| 2. |
Consorzio Groupement LESI-DIPENTA v Algeria, Award, ICSID Case No ARB/03/08; IIC 149 (2005), signed 27 December 2004 despatched 10 January 2005 (free)
Content set: Awards & Decisions
Keyword(s): Preliminary proceedings – Parallel proceedings – Admissibility – Attribution – Waiting period—negotiations – Claims – Treaty claim – Investment – Investment defined in tribunal practice – Public procurement – Investor – Jus standi – Jurisdiction of arbitral tribunals – Consent to jurisdiction through treaties – Parties to the dispute (and jurisdiction) – Standard of review
Core issue(s): 1. Whether a construction contract was an investment within the meaning of the International Convention on the Settlement of
Investment Disputes.
2. Whether a consortium with independent legal status had standing to bring a claim in respect of a contract entered into by
its constituent entities.
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| 3. |
Loewen v United States, Petition to Vacate Arbitration Award, 1:04CV02151, IIC 256 (2004), signed 13 December 2004 (free)
Content set: Awards & Decisions
Keyword(s): Review of arbitral awards – Judicial review of arbitral awards
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| 4. |
Mitchell v Congo, the Democratic Republic of the, Decision on the stay of enforcement of the award, ICSID Case No ARB/99/7,
IIC 171 (2004), signed 30 November 2004 (free)
Content set: Awards & Decisions
Keyword(s): Arbitral rules & institutions – Conduct of proceedings – Review of arbitral awards – Annulment (ICSID) – Stay of enforcement – Applicable law – Claims
Core issue(s): Whether an ad hoc committee should grant a stay of enforcement of an award and the posting of a guarantee when a party requested
the annulment of the award.
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| 5. |
Salini Costruttori SpA and Italstrade SpA v Jordan, Decision on Jurisdiction, ICSID Case No ARB/02/13; IIC 207 (2004), signed 15 November 2004 (free)
Content set: Awards & Decisions
Keyword(s): Claims – Contract claims – Treaty claim – Umbrella clause – Jurisdiction of arbitral tribunals – Consent to jurisdiction – Consent to jurisdiction through treaties – Standard of review – Time limitations (and jurisdiction) – Standards of treatment – Most-favoured-nation, jurisdictional matters – Most-favoured-nation, procedural matters – Non-discrimination – Treaties, interpretation – Preliminary proceedings – Parallel proceedings – Attribution – Investment
Core issue(s): 1. What the effect of a forum selection clause was in the contract.
2. What the distinction was between contract claims and treaty claims.
3. Whether an umbrella clause in a BIT transformed a contract claim into a treaty claim.
4. Whether a breach of contract could amount to a breach of the BIT.
5. Whether an MFN clause could apply to dispute settlement provisions.
6. Whether a BIT applied to disputes that arose prior to its entry into force.
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| 6. |
GAMI Investments, Inc v Mexico, Final Award, Ad hoc—UNCITRAL Arbitration Rules; IIC 109 (2004), signed 15 November 2004 (free)
Content set: Awards & Decisions
Keyword(s): Specialized treaty frameworks – Investment – Shareholding – Investor – Jurisdiction of arbitral tribunals – Standards of treatment – Arbitrariness – Fair and equitable treatment standard – National treatment – Expropriation – Indirect expropriation – Remedies and costs – Costs and expenses – Damages
Core issue(s): 1. Whether governmental acts or omissions adversely affecting GAM, a Mexican company, could be considered as breaches of the
North American Free Trade Agreement in that they reduced the value of the shareholding in GAM by GAMI, a United States company.
2. Whether Mexico's maladministration amounted to expropriation of GAMI's investment in GAM.
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| 7. |
United Parcel Service of America Inc v Canada, Decision Relating to Canada's Claim of Cabinet Privilege, Ad hoc—UNCITRAL Arbitration
Rules; IIC 267 (2004), signed 08 October 2004 (free)
Content set: Awards & Decisions
Keyword(s): Confidentiality and privilege – Statutory privilege/public interest – Evidence – Production of documents
Core issue(s): 1. Whether and to what extent, under the given circumstances, Cabinet Privilege existed with regard to certain requested documents.
2. What weighing is to be made to determine which documents are up for disclosure and which documents benefit from protection.
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| 8. |
Loewen Group Inc and Loewen v United States, Decision on Respondent's Request for a Supplementary Decision, ICSID Case No
ARB(AF)/98/3; IIC 255 (2004); 10 ICSID Rep 443; 128 ILR 420; 44 ILM 836 (2005), signed 06 September 2004 (free)
Content set: Awards & Decisions
Keyword(s): Conduct of proceedings – Review of arbitral awards – Correction of award – Interpretation of award
Core issue(s): Whether the Tribunal omitted to decide Raymond Loewen's Article 1116 of the North American Free Trade Agreement claim in its
Award of 25 June 2003.
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| 9. |
Siemens AG v Argentina, Decision on Jurisdiction, ICSID Case No ARB/02/8, IIC 226 (2004), signed 03 August 2004 (free)
Content set: Awards & Decisions
Keyword(s): Investor – Indirect ownership – Jurisdiction of arbitral tribunals – Standards of treatment – Most-favoured-nation, procedural matters
Core issue(s): 1. Whether the Claimant had breached factual and temporal requirements of the 1991 Germany-Argentina BIT.
2. Whether the dispute was submitted to the local jurisdiction.
3. Whether the Claimant lacked ius standi.
4. Whether the dispute did arise directly from an investment.
5. Whether the dispute was hypothetical.
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| 10. |
Enron Corporation and Ponderosa Assets LP v Argentina, Decision on Jurisdiction (Ancillary Claim), ICSID Case No ARB/01/3,
IIC 93 (2004), signed 02 August 2004 (free)
Content set: Awards & Decisions
Keyword(s): Parallel proceedings – Fork in the road clause – Admissibility – Nationality of the claimant (and admissibility) – Applicable law – Relationship of international law & host state law – Investment – Investment defined in treaties – Shareholding – Investor – Indirect ownership – Minority ownership – Ownership – Jurisdiction of arbitral tribunals
Core issue(s): 1. Whether claims by investors that were not in the majority or in control of the affected corporation when claiming for violations
of their rights under the US/Argentina BIT were admissible.
2. Whether the forum selection clause of the license contract and the submission of claims to Argentine courts were separate
and distinct from treaty claims.
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