Milinda Sharma, Queen Mary University of London
PART I
ANSUNG HOUSING CO. LTD. v.
PEOPLES REPUBLIC OF CHINA
(ICSID CASE NO-ARB/14/25)
EARLY DISMISSAL FOR MANIFEST LACK OF LEGAL MERIT
In its Award dated 09 March 2017, the ICSID Tribunal dismissed the claims of the Claimant (Ansung Housing Co. Ltd.) pursuant to the invocation of ICSID Arbitration Rule 41(5) by the Respondent (Peoples Republic of China) in ICSID Case No-ARB/14/25.
Basis:
- The Agreement between the Government of Republic of Korea and the Government of the People’s Republic of China on the Protection and Promotion of Investments, 01 December 2007 (“China-Korea BIT”)
- Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, 14 October 1966 (“ICSID Convention”)
Main Issues:
- Legal Standard for ICSID Arbitration Rule 41(5) and (6)
- Applicability of MFN Treatment to the limitation provision in a BIT
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