Crystallex International

The Minister will indeed get another hearing at ICSID, but not to debate jurisdiction or merits. Those issues have now been finally settled, and there is no further right of appeal. The panel has already decided that there will need to be a further hearing on quantum. I suspect the politicians are simply trying to dress this next hearing up as an "appeal", which is understandable given that this result is potentially very embarrassing.

As far as consent to arbitration is concerned, the panel agreed with VZ that the Investment Protection Law did not itself constitute consent. But it concluded that the relevant Bilateral Investment Treaty did. In KRY's case, there is (was) a very strong BIT in place between Canada/VZ on which KRY can very clearly rely. VZ's scope for arguing lack of consent in KRY's case has virtually evaporated.