Case Note: Saipem S.p.A. v. Bangladesh: Local Judiciary’s Interference with Claimant’s Right to Arbitration under Contract found to constitute an Expropriation under the BIT

E. Kalnina

Case Note: Saipem S.p.A. v. Bangladesh: Local Judiciary's Interference with Claimant's Right to Arbitration under Contract found to constitute an Expropriation under the BIT

: Kalnina, Eva

Article from: TDM 1 (2010), in Case Comments & Awards

Abstract

On 30 June 2009, an arbitral tribunal, comprised of Prof. Kaufmann-Kohler (President), Prof. Schreuer and Sir Philip Otton (Arbitrators), delivered its award in the case of Saipem S.p.A v. the People's Republic of Bangladesh (ICSID Case No. ARB/05/07) . The long-awaited award deals with a number of cutting edge arguments under international investment law and carries significant implications for treatment of foreign investors in the future. The award is noteworthy in several respects. First, the Tribunal confirmed its findings made in the Decision on Jurisdiction ...

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Suggested Citation

E. Kalnina; "Case Note: Saipem S.p.A. v. Bangladesh: Local Judiciary's Interference with Claimant's Right to Arbitration under Contract found to constitute an Expropriation under the BIT"
TDM 1 (2010), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=1572