ICSID Ad Hoc Committee’s Decision to Dismiss Madagascar’s Annulment Application Leaves Main Jurisdictional Objection Unanswered

By Dean Ehrlich, 21 October 2022

Where an investment treaty gives a party a choice between ICC and ICSID arbitration, will a prior decision to pursue ICC arbitration bind them to that forum exclusively? Unfortunately, this question was left unanswered by both the Tribunal and the Annulment Committee in (DS)2, S.A., Peter de Sutter and Kristof De Sutter v Republic of Madagascar...
URL: https://taobserver.com/news/269/icsid-ad-hoc-committees-decision-to-dismiss-madagascars-annulment-application-leaves-main-jurisdictional-objection-unanswered