International investment law and arbitration
This chapter is organized into five sections, focusing on issues addressed by tribunals and courts in 2012 related to Jurisdiction, Merits, Compensation and Non-pecuniary Remedies, Procedure and Annulment, and Enforcement of Awards. Section A discusses the grounds for jurisdictional challenge by respondents. Section B provides a summary review of the merits decisions of the past year, showing that the fair and equitable treatment standard remains a primary basis for the awards of tribunals, with a resurgence of decisions by tribunals accepting that investments were expropriated without compensation. Section C reviews the eight awards in which compensation was granted in 2012. Section D addresses questions of procedure that arose in 2012. Finally, Section E reviews the two International Centre for Settlement of Investment Disputes ad hoc annulment committee decisions of the past year, plus a number of domestic court decisions regarding the enforcement of awards.