ICSID Issues First Award Involving China, Finding In Host State’s Favour

ICSID issues first award involving China as Respondent, finding in host state’s favour

Herbert Smith Freehills review an award dated 9 March 2017, where the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as time-barred. The authors note that the Claimant’s attempt to circumvent the limitation period by relying on the most favoured nation clause did not succeed, stating that the Tribunal came to this conclusion at an early stage of the proceeding, “with relative ease and despatch”.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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