Post-Annulment Options: Possible Recourse by Investor's Home State
Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
The enforcement of investor-State awards has recently presented real challenges in the field - particularly for a number of prominent U.S. companies. I therefore would prefer to be extra cautious in my remarks today. To that end, my approach today will be somewhat unconventional. Rather than offering my own views on post-annulment options, I will examine the topic primarily through the eyes of the ICSID Convention's chief architect, the late Aron Broches. During ICSID Convention negotiations and in later commentary, Mr. Broches offered clear ideas on the kinds of post-annulment ...