The high water mark of an umbrella clause
Publication Type
Journal Article
Publication Date
6-2012
Abstract
In a recent award that arguably represents a high-water mark for the operation of an umbrella clause in ICSID jurisprudence thus far, a tribunal comprising Stanimir A. Alexandrov (as President), Donald Francis Donovan and Pablo Garcia Mexia held Paraguay liable to SGS Société Générale de Surveillance S.A. (“SGS”) for failing to pay for services rendered. This case is noteworthy for practitioners because it demonstrates how an investor can, in effect, have its claims arising out of an investment contract readily resolved before a treaty forum through the use of an umbrella clause in a bilateral investment treaty (“BIT”).
Discipline
Dispute Resolution and Arbitration
Publication
International Arbitration Law Review
Volume
15
Issue
3
First Page
21
Last Page
25
ISSN
1367-8272
Publisher
Sweet and Maxwell
Citation
CHAN, Darius.
The high water mark of an umbrella clause. (2012). International Arbitration Law Review. 15, (3), 21-25.
Available at: https://ink.library.smu.edu.sg/sol_research/3063