Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention
Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
Introduction
Recent ICSID jurisprudence has brought into the spotlight the question of the distinction between Articles 53 and 54 of the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the "ICSID Convention"), and the relationship between Article 53's obligation to comply with an award and Article 54's provisions relating to enforcement and execution mechanisms. This Note argues that the two Articles impose distinct obligations, which should not be conflated, and that the enforcement mechanism under Article 54 cannot be interpreted ...