ICSID arbitration: what is an "investment"? | Practical Law

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".

ICSID arbitration: what is an "investment"?

Practical Law Legal Update 2-368-0976 (Approx. 4 pages)

ICSID arbitration: what is an "investment"?

by PLC Dispute Resolution
Published on 18 Jun 2007International, USA
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".
Note: The award was annulled by a decision dated 16 April 2009.