ICSID case ARB/09/17 (Award)
ICSID · Investment (ICSID and treaty) · International (investor-state) · 14 Mar 2011
Why it matters
Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador, an investment-treaty arbitration administered by ICSID (case no. ARB/09/17), in which a foreign investor brought claims against a state under an investment treaty. In the outcome, the tribunal rendered its award. For a student, it is a worked example of investor-state dispute settlement: how an ICSID tribunal weighs a state's right to regulate against the treaty protections owed to foreign investors.
Summary
Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador: an ICSID award (ARB/09/17). In the outcome, the tribunal rendered its award. The tribunal's full reasoning is set out in the original.
The detail
Parties: Commerce Group Corp. and San Sebastian Gold Mines, Inc. v. Republic of El Salvador
Case number: ICSID Case No. ARB/09/17
Outcome: Award in case ARB/09/17. See the original for the disposition and any quantum.
Applicable law: ICSID Convention and Arbitration Rules; the applicable investment treaty.
Issues in play: A foreign investor's treaty protections against a sovereign state's right to regulate.
Read the full decision at ICSID case database ↗
Locus Standi links to the source decision and publishes its own plain-language summary. It does not reproduce the text of the award.