ICJ reminds parties of their ongoing obligations under Genocide Convention and humanitarian law

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Case can only be removed from list at provisional measures stage in case of manifest lack of jurisdiction

Court’s focus on factual circumstances sparks internal debate on need to address formal requirements for indication of provisional measures

Circumstances do not warrant exercise of court’s power to indicate provisional measures

Background: Nicaragua sees complicity of German government in Israel’s alleged genocide and war crimes against population of Gaza

Protocol provides for neutral “Observer” to vouchsafe for compliance

Since purpose of the visit is for arbitrators to familiarize themselves with the type of hydro-electric activities in the region, it does not matter that the visited plant is not in dispute

Court of arbitration is empowered to decide on whether to hold a site visit

Tribunal majority dismisses case with prejudice after claimant fails to honour security for costs

Costs lie where they fall

Early dismissal is in the interest of good administration of justice

Tribunal finds that interplay between various instruments is insufficient to provide access to ICSID arbitration

Law ratifying Iraq’s accession to the ICSID Convention does not offer an avenue of consent to ICSID arbitration

Despite claimant’s withdrawal of the Erbil plant claim, tribunal rules that claim under Kurdistan’s Investment Law manifestly lacks legal merit

2006 Investment Law read together with other instruments is also insufficient to establish consent to ICSID arbitration

2006 Investment Law does not in itself contain the state’s consent to ICSID arbitration

Argument that the Rehabilitation Contract contains Iraq’s consent to ICSID arbitration is manifestly without legal merit

Tribunal majority concludes that MFN detour argument is manifestly without legal merit

Arbitrators see several other reasons to deny the MFN detour argument

<em>Ejusdem generis</em> principle also prevents MFN detour

The Iraq-EU Cooperation Agreement cannot provide an MFN detour to jurisdiction, considering that it expressly excludes investor-state arbitration

Germany-Iraq BIT never entered into force; ratification law cannot be construed as a unilateral act or declaration containing an offer to arbitrate

A lack of legal merit can be “manifest” despite the intricate nature of the parties’ legal arguments

Standard under Rule 41(5) remains unaffected by alleged egregious nature of respondent’s conduct on the merits

Background: Investment in cement and pipe plants are taken over by armed forces

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