What is the International Convention on the Settlement of Investment Disputes (ICSID)?
The International Convention on the Settlement of Investment Disputes (ICSID) is an international agreement designed to encourage foreign investment by providing investors from one country with a legal way to resolve disputes with another nation that would not ordinarily be available in the host nation’s domestic courts. The ICSID is a treaty that is administered by the World Bank in Washington, D.C. It provides a forum for resolution of disputes between foreign investors and host countries relating to investments in that country, such as expropriation of assets, governmental interference, and violations of contractual agreements. The ICSID also creates a framework for the enforcement of international arbitration awards, ensuring that awards made by an ICSID tribunal are recognized and enforced by contracting countries. The ICSID Convention applies to contracts between a foreign investor of one party to the Convention and a host country, as long as both countries have ratified the Convention. New Mexico is currently not a signatory to the ICSID Convention and does not have any binding international agreements that would be subject to ICSID jurisdiction. Therefore, any dispute between a foreign investor and New Mexico would have to be resolved through the domestic court system.
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