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15 UCLA J. Int'l L. Foreign Aff. 529 (2010)
Prospects for ICSID Arbitration in Post-Denunciation Countries: An Updated Approach

handle is hein.journals/jilfa15 and id is 537 raw text is: PROSPECTS FOR ICSID ARBITRATION
Nicolle E. Kownacki*
International arbitration in ICSID, the World Bank's arbitration forum,
has seen significant growth over the last few decades, particularly for
disputes involving Latin American countries. But with a wave of leftist
leaders gaining prominence in the region, some countries' continued
participation in ICSID-a visible symbol of western economic policies-has
been called into doubt. Though Bolivia was the first country to formally
denounce the ICSID Convention, it remained, like so many other countries,
tied to the arbitration regime based on forum selection clauses in numerous
bilateral investment treaties (BITs). These BIT clauses often serve as a
country's consent to arbitration, and a country's BIT commitments would
endure regardless of a denunciation of the [CSID Convention. A question
thus arises: would a denunciation of the Convention fully extinguish a
country's consent to ICSID arbitration? Looking at the language, history,
and purpose of the ICSID     Convention, along with some recent
developments, this Note examines whether an ICSID tribunal would
continue to assert jurisdiction over a country facing a BIT dispute that has
denounced the ICSID Convention.
* Nicolle E. Kownacki, J.D. UCLA School of Law 2011, Public Interest Law & Policy
Program. Special thanks to Alan Butler for all his help all the time.

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