Award

ICSID case ARB/10/5 (Annulment decision)

ICSID · Investment (ICSID and treaty) · International (investor-state) · July 7, 2015

Why it matters

Tidewater Investment SRL and Tidewater Caribe, C.A. v. Bolivarian Republic of Venezuela, an investment-treaty arbitration administered by ICSID (case no. ARB/10/5), 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

Tidewater Investment SRL and Tidewater Caribe, C.A. v. Bolivarian Republic of Venezuela: an ICSID annulment decision (ARB/10/5). In the outcome, the tribunal rendered its award. The tribunal's full reasoning is set out in the original.

The detail

Parties: Tidewater Investment SRL and Tidewater Caribe, C.A. v. Bolivarian Republic of Venezuela

Case number: ICSID Case No. ARB/10/5

Outcome: Annulment decision in case ARB/10/5. 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.

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