A reasonable ICSID Tribunal would have followed the paths of previous arbitral decisions in determining the liability of a host state under the Full Protection and Security obligation, the Ampal Tribunal did not.
Romania is the subject of six commercial trials at the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), with the claimants demanding more than EUR 7 billion in damages.
The Romanian government has won a trial at World Bank’s International Centre for Settlement of Investment Disputes against the Swiss-based energy trader Alpiq in a case related to Hidroelectrica insolvency procedure.
Many SEZs have been associated with compressions of land, labour and human rights. Investment treaties protect investments against adverse regulatory change, including in SEZs. To date, investors have brought at least 20 arbitrations to challenge diverse aspects of SEZ regimes.