Document Type

Brief

Case Name

Ioan Micula v. Government of Romania

Publication Date

7-24-2023

Abstract

No. 23-7008
Ioan Micula v. Government of Romania

On Appeal from the United States District Court for the District of Columbia, Case No. 1:17-cv-02332-APM Hon. Amit P. Mehta, United States District Judge

From the Argument

ICSID Convention Article 54 requires the United States to enforce Appellees’ final ICSID award in fulfillment of treaty obligations owed to every other Contracting State to the ICSID Convention. That the courts of the United States must enforce ICSID awards without the extensive review that Appellant demands is at the heart of the ICSID Convention’s multilateral framework for investor-state dispute settlement, and precisely the result to which the United States, Romania, and 156 other ICSID Convention Contracting States consented.

Comments

Amici are scholars, counsel, and arbitrators from around the globe concentrating on the fields of public international law and investor-state dispute settlement. Amici, some of the world’s foremost experts on the ICSID Convention, are interested in this case because it directly implicates the United States’ performance of its treaty obligations to enforce arbitration awards issued under the ICSID Convention.

See the listing on pages 1-4, including Notre Dame Law School's Diane Desierto.

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