volume 15 issue 2 pages 237-253

The Sempra Annulment Decision of 29 June 2010 and Subsequent Developments in Investment Arbitration Dealing with the Necessity Defence

Publication typeJournal Article
Publication date2013-11-17
scimago Q2
wos Q3
SJR0.257
CiteScore1.1
Impact factor0.4
ISSN18719740, 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.
GOST all authors (up to 50) Copy
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.
RIS |
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RIS Copy
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 -
BibTex |
Cite this
BibTex (up to 50 authors) Copy
@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}
}
MLA
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.