The ICSID Convention

This practice-oriented guide will be an indispensable tool for anyone dealing with the ICSID Convention.

The ICSID Convention

The Convention on the Settlement of Investment Disputes between States and Nationals of other States entered into force in October 1966, and is administered by ICSID (International Centre for Settlement of Investment Disputes). There are now 131 countries which have ratified the convention. Its caseload has grown substantially during the last ten years. In this unique compendium, the official text and Professor Schreuer's updated commentary on the entire Convention is set out, Article by Article, as at June 2000. This books offers the most comprehensive explanation of the functioning of this important mechanism for the settlement of investor-host State disputes. It incorporates the preparatory work, the literature and the practice under the Convention, as well as a complete tables and index, and cross references to the ICSID Reports. This practice-oriented guide will be an indispensable tool for anyone dealing with the ICSID Convention.

The ICSID Convention Regulations and Rules

Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for ...

The ICSID Convention  Regulations and Rules

This major new commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution rules, the ICSID arbitration rules and the ICSID administrative and financial regulations. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for international investment law and international arbitration scholars.

The ICSID Convention

This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

The ICSID Convention

This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

ICSID Convention after 50 Years Unsettled Issues

We are now celebrating ICSID's 50th anniversary and more than 570 cases
administered under the Convention on the Settlement of Investment Disputes
Between States and Nationals of Other States ('ICSID Convention', occasionally
referred ...

ICSID Convention after 50 Years  Unsettled Issues

The International Centre for Settlement of Investment Disputes (ICSID) has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments — probably the most notable development of international law of the last half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received in 2015 its 500th case. This book celebrates this anniversary with an overview and analysis of ICSID case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution’s next phase. This volume collects twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following: • the political and economic reasons behind the creation of the ICSID; • admissibility and jurisdiction; • ICSID vis-à-vis bilateral investment treaties; • States’ concerns about the ‘partiality’ of arbitrators in favour of investors; • applicable laws under the ICSID Convention; • fact-finding rules; • conflicting interpretations of ICSID Convention provisions; • interaction of foreign investment and economic development; • value of ICSID awards in the light of EU law; • annulment of ICSID awards; • effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India); • attribution of conduct of State-owned enterprises (SOEs); • counterclaims; • guarantees against political risk; and • allocation of costs. As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital — and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation — this book has no peers. Considering the current crisis of investment law, the book’s immediate value not only to investors and their counsel but also to practitioners and academics in the field of investment law and arbitration and public international law cannot be overstated. Dr Crina Baltag is the author of Kluwer’s 2012 book The Energy Charter Treaty: The Notion of Investor and the Associate Editor of Kluwer Arbitration Blog.

Arbitration Under International Investment Agreements

for Settlement of Investment Disputes (ICSID), the 1965 Convention on the
Settlement of Investment Disputes between States and Nationals of Other States (
the ICSID Convention).3 In stipulating for arbitration under the ICSID Convention,
the ...

Arbitration Under International Investment Agreements

Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

ICSID Convention Regulations and Rules

Introduction The International Centre for Settlement of Investment Disputes (
ICSID or the Centre ) is established by the Convention on the Settlement of
Investment Disputes between States and Nationals of Other States ( the ICSID
Convention ...

ICSID Convention  Regulations and Rules


The Resolution of International Investment Disputes

In this context, the general principles which inspired the ICSID Convention
should be brought to the fore. Apart from the principle of the unity of the
investment, another relevant principle is the primacy of international tribunals
over domestic ...

The Resolution of International Investment Disputes

This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems â?? such as judicial review and class actions â?? to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.

Energy Dispute Resolution Investment Protection Transit and the Energy Charter Treaty

ROLE OF ICSID I have been asked to speak about the role of ICSID in arbitration
under the Energy Charter Treaty and in the energy sector more generally. These
comments should be put in historical context. The ICSID Convention was 43 ...

Energy Dispute Resolution  Investment Protection  Transit and the Energy Charter Treaty

Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.

Guide to ICSID Arbitration

Previous edition, 1st, published in 2004.

Guide to ICSID Arbitration

Previous edition, 1st, published in 2004.

Applicable Law in International Investment Disputes

2 Application of the Residual Rule of Article 42(1) of the ICSID Convention The
ICSID Convention in the second sentence of Art. 42(1) contains a compound
choice of law clause. It reads as follows: Article 42 (1) ... In the absence of such ...

Applicable Law in International Investment Disputes

This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.

Investment Treaty Arbitration as Public International Law

Iwill thus first briefly address the relevant rules on the applicable law in
investment treaty arbitration, before moving to the ... 4.1.1 Choice of the parties
and Article 42(1) of the ICSID Convention In principle, the legal instrument
providing for the ...

Investment Treaty Arbitration as Public International Law

This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

The History of ICSID

Convention. The Executive Directors of the World Bank received briefings from
Aron Broches and his staff team on the regional consultative ... The memorandum
, dated June 10, 1964, is reprinted in 2 History of the ICSID Convention 554.

The History of ICSID

This is the first book to detail the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty, the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, covering the years from 1955 to 2010. Antonio Parra, the first Deputy Secretary-General of ICSID, traces the immediate origins of the Convention, in the years 1955 to 1962, and gives a stage-by-stage narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The three periods 1968 to 1988, 1989 to 1999, and 2000 to June 30, 2010, are covered in separate chapters which examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by in-depth discussions of selected cases and key issues within them. A concluding chapter discusses some of the broad themes and findings of the book, and includes several suggestions for further changes at ICSID to help ensure its continued success. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank. It is essential reading for those involved in this field.

International Commercial Arbitration and African States

arbitral institutions , 19 and under the ICSID Additional Facility Rules.20 The
Additional Facility Arbitration Rules may be preferred until one or both states
concerned become party to the ICSID Convention.21 5. Some treaties or laws
may ...

International Commercial Arbitration and African States

An examination of arbitral and alternative dispute resolution (ADR) processes in the African context.

The International Effectiveness of the Annulment of an Arbitral Award

The ICSID Convention is a major success. As of January 1, 2000, it was signed
by 149 States.670 After somewhat of a difficult start, The ICSID Convention today
is doing very well in practice,671 as demonstrated by forty com. natural or ...

The International Effectiveness of the Annulment of an Arbitral Award

In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.

Investment Treaty Arbitration

71 It also has the effect of fragmenting the meaning of'investment' under treaties
entered into by the same parties, since most of the signatories of BITs are also
parties to the ICSID Convention. The preservation of an autonomous concept ...

Investment Treaty Arbitration

How do arbitrators decide in the face of the uncertainty of the law between alternatives which may be equally justified?

ICSID Reports Volume 5

Volume 5 brings the series substantially up-to-date to include important recent decisions from 1996 to 2000.

ICSID Reports  Volume 5

Volume 5 brings the series substantially up-to-date to include important recent decisions from 1996 to 2000.

Commentaries on Selected Model Investment Treaties

States have reportedly won in 57.7 per cent of 52 awards resolving investment
treaty claims.2 However, being in the position of ... 1 See 'Bolivia Submits a
Notice under Article 71 of the ICSID Convention', ICSID News Release (16 May
2007), ...

Commentaries on Selected Model Investment Treaties

Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme

The International Law on Foreign Investment

Since most treaty-based arbitrations take place before ICSID tribunals,1the rules
arebest stated onthe basis of ICSID arbitration, which islikely to provide the
standard for other types of treaty-based arbitration.2 As may be realised, with an
 ...

The International Law on Foreign Investment

This book is a thought-provoking and authoritative text on this fast moving field of international law.

The Review of International Arbitral Awards

You might well wonder at the relevance of this question to an audience
predominantly concerned tomorrow with the ICSID Convention, operating
independently from the New York Convention, State courts and national laws. For
two reasons ...

The Review of International Arbitral Awards

In intemational arbitration, as in any other system of adjudication, finality of the decision must be balanced against the need to ensure that justice has been administered fairly. Because finality is one of its essential features, international arbitration has reached an equilibrium which guarantees to the parties a decision that cannot be appealed, while allowing a review of arbitral awards on limited grounds. The review of international arbitral awards was the topic of the inaugural IAI forum, on the occasion of which 50 prominent academics, judges, arbitrators and practitioners active in the field of international arbitration convened in the legendary Clos de Vougeot, in the heart of Burgundy for a two-day retreat. The presentations were followed by extensive discussion, the transcript of which is included in the present volume. The International Arbitration Institute (IAI) was established in Paris with the purpose of promoting communication and exchanges on current international arbitration issues. It now includes over 600 members residing in 44 countries. For further detail, see www.iaiparis.com.

ICSID Reports Volume 1

Reports of the World Bank Convention on the Settlement of Investment Disputes are presented for the first time in consolidated form covering the period of 1981-1983.

ICSID Reports  Volume 1

Reports of the World Bank Convention on the Settlement of Investment Disputes are presented for the first time in consolidated form covering the period of 1981-1983.