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Rafat Ali Rizvi v. Indonesia

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Case Details

Year of Filing: 2011

Case Status: Annulment Concluded

Claimant(s): Rafat Ali Rizvi

Respondent(s): Republic of Indonesia

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Indonesia-United Kingdom BIT

Administrative Case Number: ARB/11/13

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Prior IAReporter Coverage of Rafat Ali Rizvi v. Indonesia

Recourse to negotiating papers leads arbitrators to conclude that Indonesia intended to offer advance consent to arbitrate in its BIT with the UK Feb 27, 2014
ICSID moves swiftly and selects Rigo Sureda, Schreuer and Cheng to hear UK investor’s attempt to annul award in Indonesian banking arbitration Dec 10, 2013
Indonesia round-up: banker seeks to annul ICSID award, as Singaporeans, Australians and Japanese threaten arbitration over coal and aluminum projects Nov 18, 2013
ANALYSIS: Arbitrators examine whether Indonesia’s regulatory oversight of bank amounts to “de facto” admission for purposes of bilateral investment treaty Nov 18, 2013
In separate opinion, Prof. Sornarajah says UK BIT protects only “direct” investments, and Indonesia’s “post-entry” regulation of banks is never akin to admission Nov 18, 2013
Tribunal dismisses investor claim against Indonesia after debate over implications of UK investment treaty’s admission clause Jul 17, 2013
Arbitrators reject Indonesia’s preliminary effort to dismiss ICSID claims; complex issues in bank expropriation dispute require more pleading Apr 10, 2012
ANALYSIS: Amidst thicket of Thai and Indonesian investment laws, confusion as to admission requirements found in some Southeast Asian investment treaties Apr 10, 2012
Arbitrators named in investment arbitration claims against Zimbabwe, Indonesia and Pakistan Sep 27, 2011