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Home > Awards & Decisions by Date
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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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Number of search results per page 10 | 25 | 50
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| Awards and Decisions: 2005 |
Displaying 1 to 10 of 49 |
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| 1. |
Repsol YPF Ecuador SA v Empresa Estatal Petróleos del Ecuador (Petroecuador), Procedural order no 1, ICSID Case No ARB/01/10;
IIC 199 (2005), signed 22 December 2005  (free)
Content set: Awards & Decisions
Keyword(s): Review of arbitral awards – Annulment – Performance bond – Stay of enforcement
Core issue(s): 1. Whether the Committee should have stayed the enforcement of the arbitral Award pending the Decision on Annulment.
2. Whether Petroecuador was obliged to post a bond for the total amount of the award to obtain the stay.
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| 2. |
Glamis Gold Ltd v United States, Decision on Request for Production of Documents, Ad hoc—UNCITRAL Arbitration Rules; IIC 126
(2005), signed 17 November 2005 (free)
Content set: Awards & Decisions
Keyword(s): Confidentiality and privilege – Privilege
Core issue(s): 1. Whether the tribunal should uphold Glamis Gold's request for documents held by the United States which were being withheld
on the grounds of privilege.
2. What the correct applicable law was that the tribunal should apply when considering the issue of privilege.
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| 3. |
Bayindir Insaat Turizm Ticaret ve Sanayi A Ş v Pakistan, Decision on Jurisdiction, ICSID Case No ARB/03/29; IIC 27 (2005), signed 14 November 2005 (free)
Content set: Awards & Decisions
Keyword(s): Preliminary proceedings – Waiting period—negotiations – Conduct of proceedings – Stay of proceedings – Claims – Contract claims – Treaty claim – Investment – Investment ‘in accordance with host state law’ – Investment defined in treaties – Jurisdiction of arbitral tribunals – Standard of review – Standards of treatment – Most-favoured-nation, jurisdictional matters – Parallel proceedings
Core issue(s): 1. Whether the Claimant had made an investment.
2. Whether the Claimant's treaty claims qualified as contract claims.
3. Whether the Claimant's treaty claims were sufficiently substantiated for the Tribunal to uphold jurisdiction.
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| 4. |
Compañía de Aguas del Aconquija SA and Vivendi Universal SA v Argentina, Decision on jurisdiction, ICSID Case No ARB/97/3;
IIC 72 (2005), signed 14 November 2005 (free)
Content set: Awards & Decisions
Keyword(s): Parallel proceedings – Res judicata – Investor – Jurisdiction of arbitral tribunals – Standard of review – Subject matter of the dispute (and jurisdiction)
Core issue(s): What the proper role of a second Tribunal was in determining the jurisdiction of a dispute that had already been decided by
an original Tribunal and an ad hoc Annulment Committee.
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| 5. |
France Télécom Mobiles International SA and FTML SAL v Lebanon, Swiss Challenge No 1, 4P.98.2005/svc, IIC 283 (2005), signed 10 November 2005 (free)
Content set: Awards & Decisions
Keyword(s): Review of arbitral awards
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| 6. |
France Télécom Mobiles International SA and FTML SAL v Lebanon, Swiss Challenge No 2, 4P.9154.2005/svc, IIC 284 (2005), signed 10 November 2005 (free)
Content set: Awards & Decisions
Keyword(s): Review of arbitral awards
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| 7. |
Loewen v United States, Memorandum opinion, Civil Action No 04-2151 (RWR); IIC 257 (2005), signed 31 October 2005 (free)
Content set: Awards & Decisions
Keyword(s): Review of arbitral awards – Judicial review of arbitral awards
Core issue(s): Whether under the United States Federal Arbitration Act, the three-month time limit for serving notice of a motion to vacate
an arbitral award starts running from the date of a tribunal's award or the date of its supplemental decision (where such
decision is issued).
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| 8. |
Aguas del Tunari SA v Bolivia, Decision on Respondent's Objections to Jurisdiction, ICSID Case No ARB/02/3, IIC 8 (2005), signed 21 October 2005 (free)
Content set: Awards & Decisions
Keyword(s): Evidence – Admissibility – Attribution – Investor
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| 9. |
Wena Hotels Ltd v Egypt, Decision on the Application by Wena Hotels Ltd For Interpretation of the Award, ICSID Case No ARB/98/4;
IIC 275 (2005), signed 20 October 2005 despatched 31 October 2005 (free)
Content set: Awards & Decisions
Keyword(s): Review of arbitral awards – Interpretation of award – Expropriation – Expropriation of contract rights – Investment
Core issue(s): 1. What constituted a ‘dispute’ as to the meaning and scope of an award under Article 50 of the ICSID Convention.
2. What was the meaning of ‘expropriation’ as used by the Tribunal in the underlying Award and what was the effect of the ruling
that Wena's rights had been expropriated.
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| 10. |
AIG Capital Partners Inc and CJSC Tema Real Estate Company Ltd v Kazakhstan, Enforcement decision, (2005) EWHC 2239 (Comm);
IIC 9 (2005), signed 20 October 2005 despatched 20 October 2005 (free)
Content set: Awards & Decisions
Keyword(s): Enforcement – Enforcement in domestic courts
Core issue(s): Whether funds of the national oil reserve of Kazakhstan held via Kazakh central bank accounts were ‘property of a State's
central bank’ for the purposes of the State Immunity Act 1978 and immune from measures of execution in the English courts.
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