Summary

The International Centre for Settlement of Investment Disputes ("ICSID"), an arbitration centre established by multilateral treaty (the "ICSID Convention"), is the preeminent institution where foreign investors may seek compensation from sovereign states alleged to have improperly expropriated their investments. In many cases, ICSID rules permit companies incorporated in the host state to be deemed to be "foreign nationals." The Aguas del Tunari, S.A. v. Republic of Bolivia case, which was decided under the bilateral investment treaty ("BIT") between the Netherlands and ...