Opting Out of ICSID and BITs: Legal and Economic Effects
Article from: TDM 3 (2014), in Investor-State Disputes - International Investment Law
Summary
In the last decade, the International Center for Settlement of Investment Disputes ("ICSID") has become much more visible due to it administering a rising number of arbitrations. Whereas there were only a handful of investor-state arbitration cases in the 1980s and early 1990s, by 2012 the cumulative figure had risen to 419. Over 77% of these cases were initiated from 2002 onwards. Yet, several countries have recently decided to denounce the ICSID Convention and terminate Bilateral Investment Treaties ("BITs"). The purpose of this article was initially to review the countries ...