ICSID is pleased to announce that the ICSID Review—Foreign Investment Law Journal is on track to publish three new issues in the next few months. Subscribers should begin receiving the Fall 2008 issue in the next several weeks, and the Spring 2009 issue should be available by April. The third issue for this year, Fall 2009, will be published by the beginning of the summer.
The forthcoming issues will follow our recently updated publishing format, which features more articles, summaries of published decisions, excerpts of the legal reasoning of unpublished decisions, and book reviews pertinent to investment law and international business transactions. Also notable is that the journal now accepts manuscripts written in all three official languages of the Centre (English, French and Spanish).
Current Issues
The Spring 2008 issue of the ICSID Review featured articles written by Stephen M. Schwebel, Ben Juratowitch, Ucheora Onwuamaegbu, Anthony C. Sinclair and Gaëtan Verhoosel. Respectively, these authors address the following topics: recent appraisals of and future prospects for ICSID and bilateral investment treaties; the relationship between diplomatic protection and investment treaties; using treaties to define rules of procedure in investor-state arbitration; ICSID’s nationality requirements; and annulment and enforcement review of treaty awards under ICSID. The issue also included summaries of the Ad Hoc Committees’ Decisions in Azurix Corp. v. Argentine Republic (ICSID Case No. ARB/01/12) and Enron Corporation and Ponderosa Assets, L.P. v. Argentine Republic (ICSID Case No. ARB/01/3), both of which addressed requests for a continued stay of enforcement. A third case summary analyzed the Award in Desert Line Projects LLC v. The Republic of Yemen (ICSID Case No. ARB/05/17), in which a Tribunal for the first time recognized that moral damages may be awarded under investment treaties. Concluding the Spring 2008 issue are excerpts from an unpublished Award in Ares International S.r.l. and MetalGeo S.r.l. v. Georgia (ICSID Case No. ARB/05/23).
In the Fall 2008 issue, the articles section includes contributions by Jan Paulsson, Nassib G. Ziadé, Piero Bernardini, Julian Lew and Azzedine Kettani. Diverse subjects explored by the authors are, respectively: the role of international courts or tribunals in determining whether national laws are valid; ICSID’s contribution to the development of investment arbitration in the Arab world; the unique issues raised when a State is party to an international commercial arbitration; national court involvement in international arbitration; and the development of international arbitration in Morocco. Fall 2008 further contains summaries of the following decisions: Inceysa Vallisoletana S.L. v. Republic of El Salvador (ICSID Case No. ARB/03/26), Award of August 2, 2006; Industria Nacional de Alimentos, S.A. and Indalsa Perú, S.A. (formerly Empresas Lucchetti, S.A. and Lucchetti Perú, S.A.) v. Republic of Peru (ICSID Case No. ARB/03/4), Ad hoc Committee Decision of September 5, 2007; TSA Spectrum de Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/05/5), Award, Separate Opinion and Dissenting Opinion of December 19, 2008; and Toto Construzioni Generali S.P.A. c. La République du Liban (Affaire CIRDI ARB/07/12), Décision sur la compétence de 11 septembre 2009. The issue also includes excerpts from a previously unpublished Award in Ahmonseto, Inc. and others v. Arab Republic of Egypt (ICSID Case No. ARB/02/15). Fall 2008 also features arbitrator challenge decisions in the following four cases: Suez, Sociedad General de Aguas de Barcelona S.A., and InterAguas Servicios Integrales del Agua S.A. v. The Argentine Republic (ICSID Case No. ARB/03/17) and Suez, Sociedad General de Aguas de Barcelona S.A., and Vivendi Universal S.A. v. The Argentine Republic (ICSID Case No. ARB/03/19) and in the arbitration AWG Group Limited v. The Argentine Republic (UNCITRAL), October 22, 2007; Vito G. Gallo v. Government of Canada (NAFTA/UNCITRAL), October 14, 2009; CEMEX Caracas Investments B.V. and CEMEX Caracas II Investments B.V. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/08/15), November 6, 2009; and PIP Sàrl c. République gabonaise (Affaire CIRDI ARB/08/17), 12 novembre 2009. The issue closes with reviews of Mark Kantor’s Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence (by John Crook) and Carlos Jiménez Piernas’s (ed.) The Legal Practice in International Law and European Community Law: A Spanish Perspective (by Alejandro Garro).
Future Issues
The next three issues of the ICSID Review will feature articles based on the presentations given at three recent conferences on international arbitration. Readers can preview the contents of these issues by clicking on each of the conference titles below, which will open a link to the respective conference program. The Spring 2009 issue will focus on the 26th AAA/ICC/ICSID Joint Colloquium on International Arbitration held in Washington, D.C. on November 20, 2009. Following a similar format, the Fall 2009 issue will document the proceedings from the 50 Years of Bilateral Investment Treaties Conference, which took place on December 1-3, 2009 in Frankfurt, Germany. And finally, articles in the Spring 2010 issue will center around speeches from the Conference on International Investment Arbitration convened at the Supreme Court of Singapore on January 20, 2010.
Subscriptions
For those who wish to subscribe to the ICSID Review, it is available at US$90 per year for subscribers with a mailing address in an OECD country and US$45 for others, plus postal charges, from Journals Publishing Division, The Johns Hopkins University Press, 2715 North Charles Street, Baltimore, Maryland 21218-4363, U.S.A.; Ph: 410-516-6987; Fax: 410-516-6968; E-mail: jrnlcirc@press.jhu.edu. The publication can also be ordered online at http://www.press.jhu.edu/journals/icsid_review.