Notes on the Requirement of Guarantees As A Condition for a Stay of Enforcement of ICSID Arbitral Awards
Article from: TDM 1 (2010), in Investor-State Disputes - International Investment Law
Introduction
The purpose of this paper is to share a few thoughts on the issue whether an ad hoc Committee constituted under the terms of the ICSID Convention has the power to demand a guarantee from the party requesting stay of enforcement. The conclusion preferred in this paper is that, while the reasons for requesting such guarantees are certainly understandable, it seems that both the issue of actual existence of such power as well as the issue as to how such power - where existing - should be administered have not yet received the careful analysis that they deserve. In other words, it is ...