Describe the differences between the Salini award and the Malaysian Salvors annulment committee decision regarding the approach ICSID tribunals

Question 1:  Describe the differences between the Salini award and the Malaysian Salvors annulment committee decision regarding the approach ICSID tribunals should use to determining their jurisdiction.

 

Question 2:  Suppose a state required all foreign (but no domestic) companies investing in its natural gas industry to put in place new anti-pollution equipment that ended up reducing the companies’ profits by 50%.  How would a tribunal decide whether this was an expropriation in violation of the typical Bilateral Investment Treaty (BIT)?

 

Question 3:  Describe the reasons that the Netherlands and French courts in the Southern Pacific Properties cases reached differing outcomes on the enforcement and set-aside of the original arbitral award.

 

Question 4:  Please describe how the Philip Morris tribunal interpreted the fair and equitable treatment requirement of the Swiss-Uruguay BIT in terms of the demands that requirement placed on Uruguay with regard to its tobacco regulations.

 

Essay:  Our class considered the substantive law of international investment as well as arbitration of investor-state disputes.  Pick one topic we discussed where you believe the law or the arbitral process is significantly flawed.  Describe the flaw and propose a solution to it, whether through a new interpretation of existing law, a new legal instrument, or otherwise. (I picked: Foreign Investment and Corruption: World Duty Free v. Kenya (ICSID, 2006))

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