The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence
Publication type: Journal Article
Publication date: 2013-11-17
scimago Q2
wos Q3
SJR: 0.257
CiteScore: 1.1
Impact factor: 0.4
ISSN: 18719740, 18719732
Law
Political Science and International Relations
Abstract
Abstract
On 29 June 2010, an ad hoc International Centre for Settlement of Investment Disputes (ICSID) Annulment Committee annulled the 2007 Sempra Award for manifest excess of powers (within the meaning of the ICSID Convention), as it found that the Tribunal had failed to apply the correct law. The decision took into account the measures adopted by the Argentine Government to face the 2001 economic and political crisis and (like other previous awards and decisions on similar cases) raised the issue of the interpretation and application of the necessity defence in situations of economic emergencies. The approach of the ad hoc Committee on this particular point is the main focus of this note.
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Cristani F. The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence // International Community Law Review. 2013. Vol. 15. No. 2. pp. 237-253.
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Cristani F. The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence // International Community Law Review. 2013. Vol. 15. No. 2. pp. 237-253.
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TY - JOUR
DO - 10.1163/18719732-12341250
UR - https://doi.org/10.1163/18719732-12341250
TI - The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence
T2 - International Community Law Review
AU - Cristani, Federica
PY - 2013
DA - 2013/11/17
PB - Brill
SP - 237-253
IS - 2
VL - 15
SN - 1871-9740
SN - 1871-9732
ER -
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@article{2013_Cristani,
author = {Federica Cristani},
title = {The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence},
journal = {International Community Law Review},
year = {2013},
volume = {15},
publisher = {Brill},
month = {nov},
url = {https://doi.org/10.1163/18719732-12341250},
number = {2},
pages = {237--253},
doi = {10.1163/18719732-12341250}
}
Cite this
MLA
Copy
Cristani, Federica. “The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence.” International Community Law Review, vol. 15, no. 2, Nov. 2013, pp. 237-253. https://doi.org/10.1163/18719732-12341250.