Diales Compendium Issue 3 - Flipbook - Page 11
ISSUE 3
COMPENDIUM
governmental acts affecting the investment.
ICSID arbitration takes place under arbitration rules
adopted by an intergovernmental body.
ICSID awards are not subject to the scrutiny of domestic
courts - ICSID has its own self-contained system of
annulment. Once an ICSID award is upheld by an ICSID
annulment committee, it is final and must be enforced by
Member States under Article 54 of the ICSID Convention.
ICSID awards are recognized and enforced in all Member
States like final domestic judgments of the national
courts of those States.”8
Similar open questions relate to arbitrations conducted
pursuant to the Convention for the Pacific Settlement of
International Disputes which established by the Permanent
Court of Arbitration. It is possible that arbitrations before this
intergovernmental organisation among 122 states9, could be
said to exercise governmental authority to resolve disputes.
1. Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241,
246–47 (2004) (“Intel Corp.”), at [264-265].
2. See in particular Intel Corp. at [256-264].
3. 28 U.S.C §1782 As A Means Of Obtaining Discovery In Aid
Of International Commercial Arbitration – Applicability And
Best Practices, New York City Bar International Commercial
Disputes Committee, February 29, 2008 at pages 30-32.
4. Hans Smit, American Assistance to Litigation in Foreign
and International Tribunals: Section 1782 of Title 28 of the
U.S.C. Revisited, 25 SYRACUSE J. INT’L L. &COM. 1, 5 (1998),
at page 8 “Recourse to Section 1782 should be left as simple
as possible in order to keep the provision of assistance to
foreign and international speedy and efficient.”.
5. ZF Automotive US inv. V. Luxshare Ltd., No. 21-401,
together with No. 21–518, AlixPartners, LLP, et al. v. Fund
for Protection of Investors’ Rights in Foreign States (U.S. Jun.
13, 2022)
6. ZF Automotive, Opinion of the Court at slip. 8.
7. ZF Automotive, Opinion of the Court at slip. 14.
8. Webuild S.p.A. (formerly Salini Impregilo S.p.A.) v. Republic
of Panama, ICSID Case No. ARB/20/10, Legal Opinion by
Christoph Schreuer, The Nature of ICSID Arbitration for
purposes of 28 U.S.C § 1782, dated 7 July 2022.
9.https://pca-cpa.org/en/about/introduction/contractingparties/
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