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Decisions on stays of enforcement in ICSID annulment proceedings

  • International arbitration
July 23, 2020

What is the prevailing practice for ICSID ad hoc annulment committees on the stay of enforcement of an award during the pendency of annulment proceedings?

Burford Director Jeffery Commission, along with Silvia Marchili, White & Case Partner and co-author of ANNULMENT UNDER THE ICSID CONVENTION, and Burford Analyst Phoebe Waters, hosted a complimentary webcast to examine recent developments in decisions on stays of enforcement in ICSID post-award proceedings.

As of 1 July 2020, ICSID ad hoc committees have rendered 10 decisions and orders concerning stays of enforcement in annulment proceedings this year alone, a number of which involved the same sovereign and overlapping committee members. This makes for a total of 109 decisions and orders on stays of enforcement rendered by ICSID ad hoc committees since 1985 (56 rendered between 1985 and 2015; 53 rendered between 2016 and 2020).

In this webcast, we examine the 53 decisions and orders rendered by ICSID ad hoc committees between January 2016 and June 2020, identifying the factors routinely applied by committees, exploring the composition of those committees, and identifying patterns in decision-making.

By watching the webcast you will learn:

  • The number of decisions on requests for the stay of enforcement rendered by ICSID ad hoc committees, and the composition of those committees
  • The number of decisions granting stays of enforcement, and the conditions, if any, required by ad hoc committees
  • The circumstances ad hoc committees most frequently take into account when considering requests for a continued stay of enforcement
  • The status of ICSID proposals for amending the rule on stays of enforcement during annulment proceedings
  • The actions claimants should take, in parallel, from an asset recovery perspective to formulate an effective award enforcement strategy

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