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