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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 IN POST-DENUNCIATION COUNTRIES: AN 'UPDATED' APPROACH Nicolle E. Kownacki* ABSTRACT 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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