ICSID arbitration: what is an "investment"? | Practical Law
In Malaysian Historical Salvors v The Government of Malaysia (ICSID Case No. ARB/05/10), a sole arbitrator has determined that a salvage contract was not an "investment" for the purposes of article 25.1 of the ICSID Convention. The award is of particular interest because of its detailed analysis and reconciliation of various previous ICSID awards which have considered the meaning of "investment".