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Finance and Financial Management

Vanderbilt Journal of Transnational Law

Journal

Arbitration

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Microinvestment Disputes, Perry S. Bechky Jan 2012

Microinvestment Disputes, Perry S. Bechky

Vanderbilt Journal of Transnational Law

Salini v. Morocco sparked one of the liveliest controversies in the dynamic field of international investment disputes. Salini held that the word "investment" in the Convention establishing the International Centre for Settlement of Investment Disputes (ICSID), although undefined, has an objective meaning that limits the ability of member states to submit disputes to ICSID arbitration. The Salini debate is central to this field because it shapes the nature, purpose, and volume of ICSID arbitration--and also determines who gets to decide those matters. In particular, Salini's decision to include "a contribution to development" as an element of its objective definition of …