ICSID Arbitration Rules do not set blanket protection of private information

You are not logged in. If you are a subscriber, please Login to access. If you are not a subscriber, you can contact us for a rate quote at subscribe@iareporter.com. Alternatively, you can sign up to receive free email headlines here.

Comparison of procedural calendars under different scenarios provides good benchmark for decision on procedural efficiency of bifurcation

Tribunal majority considers that preliminary objections do not meet high standard set for bifurcation

Argentina’s reservation of right to raise further preliminary objections impacts standard for bifurcation

On balance, majority arbitrators find that security for costs is warranted

Tribunal majority sees confirmation for its conclusion in fact that claimant failed to reveal whether his funding arrangement would cover adverse costs awards

Parties’ procedural conduct is not key in this case

Tribunal majority considers that imposing 1.2 million USD security for costs would not affect claimant’s ability to pursue the arbitration

Claimant would be willing to comply with hypothetical adverse costs award

Tribunal majority finds that claimant’s insolvency indicates that Mr. Contreras may be unable to comply with hypothetical adverse costs award

2022 ICSID AF Rules contain specific provision on security for costs, which is “independent” from rulings issued under the 2006 regime

Background: Costa Rica asks for security for costs in resubmitted ICSID arbitration

Costs are split

Award should be corrected to fully reflect tribunal’s quantum reasoning

Rectification remedy is limited in scope and should not lead to complex debates

Tribunal rejects request for stay of enforcement of the award pending rectification proceedings

Full reparation standard requires that costs follow the event, but relative success should be considered

Post-award interest should be higher than pre-award interest, to incentivise compliance

New regulatory regime entails higher regulatory risk for purposes of discount rate

Spain’s methodology reintroduced effect of unlawful clawback

Faced with estimates of investment and operating costs, the arbitrators adopt a mixed methodology relying on investment costs for standard facilities

In determining difference with 7% rate of return post-tax, tribunal needs to take into account role of tax deductions arising from shareholder loan – even if Spanish regulator had not done so

Joint expert reports disagree on several points

Background: After finding ECT breaches, tribunal provides directions on quantum

Tribunal adds that, in any case, it disagrees with the reasoning of the Green Power tribunal

Archives