Actually on more reading it does seem that there's an out. Refusal to recognise and enforce an ICSID award would result in the violation of Articles 53 and 54 by the refusing StateSo we go through this process, receive a favourable ruling and then it goes back to to the shonky courts in the DRC for execution of the verdict? Well that will fucking do me! What would be the point? Not saying you are wrong - just seems pointless.
If these Articles are violated by the state and national court of the contracting country, thus failing to comply with the award, the other party can seek to have the pecuniary obligations recognized and enforced in the courts of any ICSID Member State as though it were a final judgment of that State’s courts (Article 54(1) of the ICSID Convention).
So if the DRC don't comply sounds like we can seek to have the obligations recognized in the US after all and ensure any award is delivered. In a roundabout manner.
Apologies F and others for going in circles, just went down the rabbit hole of legalese. Can close this topic out now on a happy ending! good to know anyway.