The promulgation of Rule 41(5) in the ICSID Rules of Procedure for Arbitration Proceedings on 10 April 2006 was a bold and innovative step in international arbitration, and remains a unique feature of the ICSID Arbitration Rules even more than 10 years later.
In the sixth edition of The Law Review’s Investment Treaty Arbitration Review, our Chairman & Senior Partner Alvin Yeo, Senior Counsel, and International Arbitration Practice Partner Koh Swee Yen contributed a chapter on “Objection of Manifest Lack of Legal Merit of Claims: ICSID Arbitration Rule 41(5)”, sharing insights on the genesis and early cases of Rule 41(5) and how the rule has been practiced over the past decade.
Click on the link below to read the full chapter.