The annual commentary of the ICSID case law, co-authored by Yas Banifatemi and Mohamed Shelbaya in their Chronique des sentences arbitrales, will be published by the prestigious Journal du droit international (Clunet) in its Issue 3 of 2024 (July-August-September 2024).

The 2023 Chronique reviews the most significant decisions issued in 2023 and focuses on a number of topics addressed in those decisions, such as: abuse of process in the context of corporate restructuring or acquisition, characterization of shareholders’ claims, choice of law, and limits to the Tribunal’s jurisdiction when the dispute concerns the interpretation and application of treaties other than the one containing the relevant arbitration clause.  The contribution also provides a more in-depth analysis of one of the 2023 most important decisions (JSC Tashkent Mechanical Plant et al. v. Kyrgyz Republic), with a focus on the concept of “territory”, res judicata and the principle of concentration of means.

The Chronique had previously been published annually by the late Professor Emmanuel Gaillard, from 1986 to 2010, representing a valuable 25-year corpus of commentaries. These works were included in two volumes published by Pédone in 2002 and 2010, covering the period of 1965-2008. References to these publications can be found in Professor Gaillard’s extensive bibliography.