International Centre for Settlement of Investment Disputes (ICSID) / Edition 3

by Yaraslau Kryvoi

Overview

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations.

The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described.

Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Centre for Settlement of Investment Disputes (ICSID) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Product Details

ISBN-13:	9789041169495
Publisher:	Wolters Kluwer
Publication date:	07/12/2016
Edition description:	New
Pages:	280
Product dimensions:	6.10(w) x 9.20(h) x 0.60(d)

Table of Contents

The Author 3

List of Abbreviations 9

Preface 11

Part I Development and Structure 13

Chapter 1 Introduction 13

Chapter 2 Investor-State Disputes 15

Chapter 3 The ICSID Convention 19

§1 Genesis 19

§2 History of Drafting and Adoption 20

§3 The Structure and Major Provisions of the Convention 22

Chapter 4 Institutional Framework 25

Part II The Conciliation and Arbitration Mechanisms 27

Chapter 1 Conciliation Mechanism 27

Chapter 2 Arbitration Mechanism 29

§1 Request for Arbitration 29

§2 Rules Applicable, to Arbitration Procedure 30

§3 Additional Claims and Counterclaims 33

§4 Provisional Measures 36

§5 ICSID Costs and Fees 37

Chapter 3 Constitution of Arbitration Tribunal 40

Chapter 4 Jurisdiction (Competence) 43

§1 Overview 43

§2 Parallel Proceedings 45

Chapter 5 Personal Jurisdiction 48

§1 National of Another Contracting State 48

I Natural Persons 48

II Juridical Persons 48

§2 Nationals of Non-Contracting States (The Additional Facility) 51

§3 Contracting State 52

Chapter 6 Subject-Matter Jurisdiction 55

§1 Legal Dispute 55

§2 Arising Directly Out of an Investment 57

Chapter 7 Applicable Substantive Law 62

§1 Choice of Substantive Law 62

§2 International Substantive Law 64

I International Conventions 66

II Customary International Law 68

III General Principles of Law 69

IV ICSID Case Law and Other Secondary Sources 72

§3 Ex Aequo Et Bono 74

Chapter 8 Principles of International Investment Law 75

§1 Fair and Equitable Treatment 75

§2 Arbitrary and Discriminatory Measures 77

§3 Denial of Justice 79

§4 Guarantees in the Event of Expropriation 81

§5 Most-Favoured Nation 84

§6 Umbrella Clauses and Contractual Obligations 85

Chapter 9 Awards 89

§1 Recognition and Enforcement 89

§2 Remedies Against the Award 91

I Request for Supplementation and Rectification 91

II Request for Interpretation 92

III Request for Revision 92

IV Request for Annulment 92

Part III The Future of ICSID 97

Chapter 1 ICSID in the Global Context 97

§1 Areas of Concern 97

§2 ICSID Reform 100

Part IV Documents 103

1 ICSID Convention 103

2 List of the ICSID Convention Signatories 126

3 ICSID Administrative and Financial Regulations 132

4 ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules) 149

5 ICSID Rules of Procedure for Conciliation Proceedings (Conciliation Rules) 154

6 ICSID Rules of Procedure for Arbitration Proceedings (Arbitration Rules) 168

7 Report of the World Bank Executive Directors on the ICSID Convention 192

8 ICSID Additional Facility Rules 204

9 International Centre for Settlement of Investment Disputes Schedule of Fees 254

10 World Bank Guidelines on the Treatment of Foreign Direct Investment 256

Selected Bibliography 265

Index 271