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This book on ICSID and the ICSID Convention provides a detailed introduction to the world's leading institution devoted to international investment dispute settlement. The guide presents a full and accessible picture of an increasingly important dispute settlement mechanism.
List of contents
- Table of ICSID Cases
- List of Abbreviations
- 1 Overviews of the Convention and Centre
- I. The Convention
- II. The Centre
- 2 Beginnings and Growth of ICSID
- I. Precursor Initiatives
- A. The Abs-Shawcross and OECD Draft Conventions
- B. Consideration of the Idea at the United Nations
- C. The Proposal of the World Bank's Management
- II. Formulation of the Convention
- A. Initial Deliberations of the Executive Directors
- B. Consultative Meetings
- C. Tokyo Annual Meeting
- D. Legal Committee Meetings and Finalization of the Text
- III. Establishment and Growth
- A. Early Years
- B. Building the Investment Treaty Network
- C. Expansion of ICSID and Its Caseload
- 3 Jurisdiction of the Centre
- I. Nature of the Dispute
- A. Legal', 'Dispute', 'Arising Directly'
- B. Investment'
- II. Parties to the Dispute
- A. The Contracting State
- B. The National of Another Contracting State
- III. Consent of the Parties
- A. Consent in a Clause of an Investment Agreement or in a Compromis
- B. Consent in an Investment Law or Treaty
- C. Irrevocability of Consent
- 4 Initiation and Conduct of Arbitration Proceedings
- I. Initiation of Proceedings
- II. Constitution of Arbitral Tribunals
- A. Composition of Tribunals
- B. Challenges of Arbitrators
- III. Role of the ICSID Secretariat in Administering Proceedings
- IV. Written and Oral Procedures
- V. Provisional Measures and Preliminary Objections
- A. Provisional Measures
- B. Preliminary Objections
- VI. Drawing Up the Award
- 5 Applicable Law
- I. Article 42(1)
- II. Articles 42(2) and 42(3)
- III. Experience in the Cases
- A. Contract Cases
- B. Treaty Cases
- IV. Developing International Investment Law
- 6 Finality and Enforcement of Awards
- I. The Remedies in Action
- A. Correction or Addition, Interpretation, and Revision
- B. Annulment
- II. Award Enforcement Proceedings
- 7 Looking Ahead: ICSID and ISDS Reform
- I. UNCTAD's Promotion of ISDS Reform
- II. UNCITRAL's Reform Efforts
- III. Advancing Reform at ICSID
- A. Improvements Made Since 2004
- B. The Proposed ICSID Appeals Facility
- C. The New Proposals for Amendment of the ICSID Rules
- IV. Conclusion
- Appendices
- I. Convention on the Settlement of Investment Disputes between States and National of Other States
- II. Report of the Executive Directors on the Convention
- Further Reading
- Index
About the author
Antonio R. Parra was the first Deputy Secretary-General of ICSID. He is an Honorary Secretary-General of the International Council for Commercial Arbitration and a Fellow of the Chartered Institute of Arbitrators.
Summary
This book on ICSID and the ICSID Convention provides a detailed introduction to the world's leading institution devoted to international investment dispute settlement. The guide presents a full and accessible picture of an increasingly important dispute settlement mechanism.
