Comment, SGS v. Philippines and the Role of ICSID Tribunals in Investor-State Contract Disputes
By Matthew Wendlandt, February 8, 2012
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With the increase of bilateral investment treaties (BIT), there have been more disputes being arbitrated in front of the International Center for the Settlement of Investment Disputes (ICSD). Originally, countries made contracts with forum selection clauses specifically choosing the ICSD to arbitrate. This comment argues that the ICSD has jurisdiction over BITs even without such a forum selection clause.
