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The stay of enforcement according to Article 52(5) ICSID Convention is of exceptional nature
It is a fundamental goal of the ICSID Convention to establish a system of recognition and enforcement different from domestics laws and the New York Convention
- ICSID Convention > Arbitration (Articles 36-55) > Article 54
- ICSID Convention > Arbitration (Articles 36-55) > Article 55
When the stay of enforcement according to Article 52(5) ICSID Convention comes to an end, the binding character of the decision is restored without the need for any further action, as evidenced by Article 53 ICSID Convention
- ICSID Convention > Arbitration (Articles 36-55) > Article 52 > Stay of Enforcement
- ICSID Convention > Arbitration (Articles 36-55) > Article 53
A tribunal may consider certain disputed issues ex abundanti cautela
At the jurisdictional phase, it may be sufficient to establish a prima facie case concerning aspects of the tribunal’s jurisdiction
An interpretation must give terms a practical effect
- International Investment Treaties (IITs) > International Law Rules Applicable to IITs > Law of Treaties > Rules of Interpretation > Special Rules of Interpretation
- Vienna Convention on the Law of Treaties > Article 31 - General rule of interpretation > Further Problems > Special Rules of Interpretation
If an IIT excludes "divergences" and "disputes" having arisen before its entry into force, a "divergence" occurred when the parties hold different views without pursing the differences, while for a "dispute" there must have been an active exchange between the parties
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Temporis – Application in Time
- Vienna Convention on the Law of Treaties > Article 28 - Non-retroactivity of treaties
A contract concerning the management and operation of a hotel for 26 years constitutes an investment
- International Investment Treaties (IITs) > Protection of Investors under IITs > Applicability of IITs > Ratione Materiae – Definition of Investment > The Concept of "Investment" > Contracts
- ICSID Convention > Jurisdiction of the Centre (Articles 25-27) > Article 25 > Jurisdiction Ratione Materiae > Investment > Contracts as Investments
International Law Rules Applicable to IITs
Law of Treaties
Rules of Interpretation
Special Rules of Interpretation
An interpretation must give terms a practical effect
Protection of Investors under IITs
Applicability of IITs
Ratione Materiae – Definition of Investment
The Concept of "Investment"
Contracts
A contract concerning the management and operation of a hotel for 26 years constitutes an investment
Ratione Temporis – Application in Time
If an IIT excludes "divergences" and "disputes" having arisen before its entry into force, a "divergence" occurred when the parties hold different views without pursing the differences, while for a "dispute" there must have been an active exchange between the parties
Admissibility
Prima Facie Case
At the jurisdictional phase, it may be sufficient to establish a prima facie case concerning aspects of the tribunal’s jurisdiction
Procedural Questions
Further Problems
A tribunal may consider certain disputed issues ex abundanti cautela
Article 28 - Non-retroactivity of treaties
If an IIT excludes "divergences" and "disputes" having arisen before its entry into force, a "divergence" occurred when the parties hold different views without pursing the differences, while for a "dispute" there must have been an active exchange between the parties
Article 31 - General rule of interpretation
Further Problems
Special Rules of Interpretation
An interpretation must give terms a practical effect
Jurisdiction of the Centre (Articles 25-27)
Article 25
Jurisdiction Ratione Materiae
Investment
Contracts as Investments
A contract concerning the management and operation of a hotel for 26 years constitutes an investment
Arbitration (Articles 36-55)
Article 52
Stay of Enforcement
The stay of enforcement according to Article 52(5) ICSID Convention is of exceptional nature
When the stay of enforcement according to Article 52(5) ICSID Convention comes to an end, the binding character of the decision is restored without the need for any further action, as evidenced by Article 53 ICSID Convention
Article 53
When the stay of enforcement according to Article 52(5) ICSID Convention comes to an end, the binding character of the decision is restored without the need for any further action, as evidenced by Article 53 ICSID Convention
Article 54
It is a fundamental goal of the ICSID Convention to establish a system of recognition and enforcement different from domestics laws and the New York Convention
Article 55
It is a fundamental goal of the ICSID Convention to establish a system of recognition and enforcement different from domestics laws and the New York Convention