should be applied to investment arbitrations by ICSID
Furthermore, the ICSID
tribunals are inconsistent when it comes to the evidentiary standard for proving corruption.
overall percentage of successful claims according to the ICSID
17) In the wake of Canada's ratification of the ICSID
Convention, this paper explores the role Canadian courts have played in those disputes.
As a panel member, Dr Alyahya may be asked by disputing parties or by ICSID
to serve on conciliation commissions seeking to resolve international investment disputes.
In both cases, it's completely unjust that we, the Salvadoran people, are the ones having to pay for all the legal costs required to defend the state in tribunals like the ICSID
," La Mesa lamented in an April 3 press release.
180) For example, in what appears to be the leading ICSID
holding on the matter, Tecmed v.
Indorama took the case to Washington DC-based ICSID
, which is affiliated with the World Bank, in 2011.
But, institutionally, the ICSID
has developed less successfully than other members of the World Bank Group -- particularly the International Finance Corporation -- owing to a deeply rooted organisational culture at the Bank that perceives the ICSID
as an instrument serving Western companies' efforts to prevail over developing states.
The ministry has claimed that Abener-Butec has no right to sue them in the Shura Council or seek international mediation since the contract was never signed and the provisional agreement contained no arbitration clause, which the ICSID
requires both parties to agree to in order to adjudicate a claim.
Consequently, opening the door to ICSID
arbitration would create a supplementary leverage against such rogue debtors and therefore be beneficial to the efficiency of foreign debt restructuring.
According to that tribunal on which one of the tribunal members chosen by the United States and approved by the International Centre for Settlement of Investment Disputes (ICSID
) was the President's first cousin, with the case brought against the President, he refused to recuse, (225) and ICSID
said that is okay.