Eskosol SpA (in liquidation) v Italy, Decision on respondent's application under Rule 41(5), ICSID Case No ARB/15/50, IIC 1253 (2017), 20th March 2017, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Whether the claim manifestly lacked legal merit.
Whether a claimant could be considered a foreign investor under the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (‘ICSID Convention’) and whether there were additional requirements to being a qualified investor under the Energy Charter Treaty (‘ECT’) and the ICSID Convention.
At what point in time must foreign control have been established to enable a party to make a claim under the ICSID Convention.
Whether foreign control over a commercial entity could be lost merely by having the status of being in bankruptcy proceedings and whether this was a matter of national law or international law.
Whether the notions of lis pendens, res judicata and collateral estoppel would have applied to a situation where an arbitration case had been commenced by a majority shareholder of the claimant party based on the same grounds.