Article
Banesco v. Panama: ICSID Jurisdiction, Foreign-Controlled Companies And Regulatory Ambiguity
An ICSID tribunal examined whether a Spanish holding company's locally incorporated Panamanian subsidiary could invoke treaty protection over disputed surety bonds in public procurement. The case turned on the distinction between protecting an investment and conferring standing on a foreign-controlled local entity, while also addressing whether regulatory ambiguity and administrative delays breached fair and equitable treatment standards.
Aceris Law