ICSID—domestic legislation and consent to arbitration

Table of contents

• What was the parties’ dispute?
• What were the claimant’s claims?
• On what grounds did it submit that the tribunal had jurisdiction?
• What were Papua New Guinea’s objections to jurisdiction?
• On what grounds did the tribunal decline jurisdiction?
• Why is the decision significant? What should investment treaty arbitration practitioners take from the decision?

Article summary

Arbitration analysis: Serious environmental damage has seen BHP Billiton attempt to cut its ties with the Ok Tedi Mine in Papua New Guinea (PNG). The resulting legal disputes have witnessed an expropriation of shares by the state of Papua New Guinea, and now an ICSID tribunal ruling in favour of the state. Alvin Yeo, Joy Tan and Swee Yen Koh of Wong Partnership explain the details of this case.