Summary

On 17 May 2007, Mr. Michael Hwang, S.C., sole arbitrator, rendered the Award on Jurisdiction in the ICSID case Malaysian Historical Salvors SDN, BHD v. The Government of Malaysia (MHS v. Malaysia). On notion of investment under the ICSID Convention, MHS v. Malaysia is probably the most controversial award since the decision in Salini case. The award in MHS v. Malaysia , following the decision in Salini and the annulment decision in Patrick Mitchell v. Congo , seems to confirm the preference of the ICSID tribunals for the objective approach on notion ...