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Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Dedication
Foreword to the First Edition
Foreword to the Second Edition
Preface
Contents
Table of Cases
ICSID Convention Cases
Additional Facility Cases
Non-ICSID Cases
Table of Treaties
Multilateral Treaties
Bilateral Treaties
Bilateral investment treaties (BITs)
Bilateral free trade agreements (FTAs)
Other
Draft Conventions
List of Abbreviations
General
Publications
Main Text
1 Introduction
I The International Bank for Reconstruction and Development
II The International Finance Corporation, International Development Association and Multilateral Investment Guarantee Agency
III The International Centre for Settlement of Investment Disputes
2 Origins of the Convention
I Proposed multilateral approaches to the promotion of private foreign investment
A Investment insurance
B A code of conduct
C An arbitral body for investment disputes
II The World Bank considers the proposals
A The Bank’s work on an IIIA
B The proposed code of conduct
C The dispute settlement approach
III The role of “Black’s Bank” in the settlement of investment disputes
IV The Bank begins to work on the initiative
3 Broches’s “Working Paper”
I The Working Paper
A Provisions on the establishment and organization of the Center
B Provisions on the jurisdiction of the Center
C Provisions on conciliation and arbitration
II The initial meetings of the Committee of the Whole
4 The Preliminary Draft of the Convention
I The Preliminary Draft
A Provisions on the establishment and organization of the Center
B Provisions on the jurisdiction of the Center
C Provisions on conciliation and arbitration
D Other provisions
II Sources for the Preliminary Draft
III The regional consultative meetings
A Discussions regarding the establishment and organization of the Center
B Discussions regarding the jurisdiction of the Center
C Discussions regarding conciliation and arbitration
D Discussions regarding inter-State proceedings, amendments and participation in the Convention
5 Finalizing the Text of the Convention
I The First Draft
A Provisions on the establishment and organization of the Center
B Provisions on the jurisdiction of the Center
C Provisions on conciliation and arbitration
D Other provisions
II The Legal Committee meetings
A Discussions regarding the establishment and organization of the Centre
B Discussions regarding the jurisdiction of the Centre
C Discussions regarding conciliation and arbitration
D Discussions of other provisions
III Concluding steps
A The final meetings of the Committee of the Whole
B Approval of the final text
6 Establishment and Launch of the Centre
I The inaugural meeting of the Administrative Council
A Election of the first Secretary-General of ICSID
B Adoption of the Provisional Regulations and Rules
C Approval of administrative and budgetary arrangements
II The Provisional Regulations and Rules of the Centre
A The Provisional Administrative and Financial Regulations
B The Provisional Institution Rules
C The Provisional Conciliation Rules and Provisional Arbitration Rules
III The Memorandum of Administrative Arrangements
IV The first annual meeting of the Administrative Council
A The definitive Regulations and Rules
B The arrangements with the Permanent Court of Arbitration
7 ICSID’s First Two Decades
I Institutional developments
A Ratifications of the Convention
B The Administrative Council
C The Secretariat
D Designations to the Panels of Conciliators and of Arbitrators
E Other measures by Contracting States pursuant to the Convention
II Promoting consents to the jurisdiction of ICSID
III An overview of the early cases
IV The 1984 amendments of the ICSID Regulations and Rules
V The Additional Facility
A The initial proposal for an Additional Facility
B The draft Additional Facility Rules
C Adoption of the Additional Facility Rules
D Continuation of the Additional Facility
VI The appointing authority role
VII The investment law publishing activities
8 Aspects of the Early Cases
I Registration of requests to institute proceedings
II The constitution of commissions and tribunals
III Approaches to jurisdiction
IV Provisional measures
V Applicable law
VI Annulment decisions of the 1980s
VII Enforcement of awards
9 ICSID from 1989 to 1999
I The growing network of investment treaties
II Institutional developments
A Ratifications of the Convention
B The Secretariat
C The Panels of Conciliators and of Arbitrators
D Agreements with other arbitration institutions
III An overview of cases submitted to ICSID between 1989 and 1999
IV The first Additional Facility Proceedings
V Some leading BIT cases of the 1990s
A Fedax v. Venezuela
B Vivendi v. Argentina
C Maffezini v. Spain
D Wena v. Egypt
10 ICSID from 2000 to 2010
I Institutional developments
A Ratifications of the Convention
B The Secretariat
C The Panels of Conciliators and of Arbitrators
II The 2003 amendments of the Regulations and Rules
III The 2006 amendments of the Regulations and Rules
IV Aspects of cases submitted to ICSID from 2000 to 2010
A Registration of requests to institute proceedings
B The constitution of commissions and tribunals
C Approaches to jurisdiction
D Provisional measures
E Applicable law
F Annulment decisions
G Enforcement of awards
11 “The Premier International Investment Arbitration Facility in the World”
I Institutional developments
A Participation in the Convention
B The Administrative Council
C The Secretariat
D The Panels of Conciliators and of Arbitrators
E Agreements with other arbitration institutions
II The appointment and disqualification of arbitrators
A Trends in appointments
B Disqualification proposals
III The first awards in the cases registered from 2011 to 2015
A Awards upholding claims
B Awards dismissing claims
C An interim assessment
IV New challenges
12 Conclusion
I General observations
II Meeting new challenges
A Promoting conciliation
B Enhancing transparency
C Preparing for a possible appellate mechanism and permanent investment tribunal
III Possible changes in other areas
Further Material
Appendix I Working Paper in the Form of a Draft Convention for the Resolution of Disputes between States and Nationals of Other States June 5, 1962
Art.I Purpose
Art.II Undertakings to have recourse to conciliation or arbitration
s.1
s.2
s.3
s.4
s.5
s.6
Art.III The International Conciliation and Arbitration Center
(a) Establishment and Organization
s.1
s.2
s.3
(b) The President
s.4
s.5
s.6
(c) The Administrative Council
s.7
s.8
s.9
(d) The Secretariat
s.10
s.11
s.12
(e) The Panels
s.13
s.14
s.15
s.16
s.17
(f) Financing the Cost of the Center
s.18
(g) Privileges and Immunities
s.19
s.20
s.21
s.22
Art.IV Jurisdiction of the Center
s.1
s.2
s.3
s.4
s.5
Art.V Conciliation
s.1
s.2
s.3
s.4
s.5
s.6
s.7
s.8
Art.VI Arbitration
s.1
s.2
s.3
s.4
s.5
s.6
s.7
s.8
s.9
s.10
s.11
s.12
Art.VII Provisions Common to Conciliation and Arbitration
s.1
s.2
s.3
s.4
s.5
s.6
Art.VIII Recognition of Arbitral Awards by Contracting States
Art.IX Interpretation
Art.X Definitions
Art.XI Final Provisions
Appendix II Preliminary Draft of a Convention on the Settlement of Investment Disputes between States and Nationals of Other States October 15, 1963
Preamble
Art.I International Conciliation and Arbitration Center
Establishment and Organization
s.1
s.2
s.3
The Administrative Council
s.4
s.5
s.6
s.7
The Secretariat
s.8
s.9
s.10
The Panels
s.11
s.12
s.13
s.14
s.15
Financing the Center
s.16
Privileges and Immunities
s.17
s.18
s.19
s.20
Art.II Jurisdiction of the Center
s.1
s.2
s.3
Art.III Conciliation
Request for Conciliation
s.1
Constitution of the Commission
s.2
s.3
Powers and Functions of the Commission
s.4
s.5
Obligations of the Parties
s.6
s.7
Art.IV Arbitration
Request for Arbitration
s.1
Constitution of the Tribunal
s.2
s.3
Powers and Functions of the Tribunal
s.4
s.5
s.6
s.7
s.8
s.9
s.10
Interpretation, Revision and Annulment of the Award
s.11
s.12
s.13
Enforcement of the Award
s.14
s.15
Relationship of Arbitration to other Remedies
s.16
s.17
Art.V Replacement and Disqualification of Conciliators and Arbitrators
s.1
s.2
Art.VI Apportionment of Costs of Proceedings
s.1
s.2
s.3
Art.VII Place of Proceedings
s.1
s.2
Art.VIII Interpretation
Art.IX Amendment
s.1
s.2
Art.X Definitions
Art.XI Final Provisions
Entry into Force
s.1
s.2
s.3
Territorial Application
s.4
Denunciation
s.5
Inauguration of the Center
s.6
Registration
s.7
Appendix III Draft Convention on the Settlement of Investment Disputes between States and Nationals of Other States (First Draft): September 11, 1964
Preamble
Ch.I International Center for the Settlement of Investment Disputes
Title 1 Establishment and Organization
Art.1
Art.2
Art.3
Title 2 The Administrative Council
Art.4
Art.5
Art.6
Art.7
Art.8
Title 3 The Secretariat
Art.9
Art.10
Art.11
Title 4 The Panels
Art.12
Art.13
Art.14
Art.15
Art.16
Title 5 Financing the Center
Art.17
Title 6 Status, Immunities and Privileges
Art.18
Art.19
Art.20
Art.21
Art.22
Art.23
Art.24
Art.25
Ch.II Jurisdiction of the Center
Art.26
Art.27
Art.28
Art.29
Art.30
Ch.III Conciliation
Title 1 Request for Conciliation
Art.31
Title 2 Constitution of the Conciliation Commission
Art.32
Art.33
Art.34
Title 3 Powers and Functions of the Commission
Art.35
Art.36
Art.37
Title 4 Obligations of the Parties
Art.38
Art.39
Ch.IV Arbitration
Title 1 Request for Arbitration
Art.40
Title 2 Constitution of the Tribunal
Art.41
Art.42
Art.43
Title 3 Powers and Functions of the Tribunal
Art.44
Art.45
Art.46
Art.47
Art.48
Art.49
Art.50
Title 4 The Award
Art.51
Art.52
Title 5 Interpretation, Revision and Annulment of the Award
Art.53
Art.54
Art.55
Title 6 Recognition and Enforcement of the Award
Art.56
Art.57
Art.58
Ch.V Replacement and Disqualification of Conciliators and Arbitrators
Art.59
Art.60
Art.61
Ch.VI Cost of Proceedings
Art.62
Art.63
Art.64
Ch.VII Place of Proceedings
Art.65
Art.66
Ch.VIII Disputes between Contracting States
Art.67
Ch.IX Amendment
Art.68
Art.69
Ch.X Final Provisions
Title 1 Entry into Force
Art.70
Art.71
Art.72
Title 2 Territorial Application
Art.73
Title 3 Denunciation
Art.74
Art.75
Title 4 Inauguration of the Center
Art.76
Title 5 Registration and Notifications
Art.77
Art.78
Appendix IV Convention on the Settlement of Investment Disputes between States and Nationals of Other States and Accompanying Report of the Executive Directors: March 18, 1965
Convention on the Settlement of Investment Disputes between States and Nationals of Other States
Preamble
Ch.I International Centre for Settlement of Investment Disputes
s.1 Establishment and Organization
Art.1
Art.2
Art.3
s.2 The Administrative Council
Art.4
Art.5
Art.6
Art.7
Art.8
s.3 The Secretariat
Art.9
Art.10
Art.11
s.4 The Panels
Art.12
Art.13
Art.14
Art.15
Art.16
s.5 Financing the Centre
Art.17
s.6 Status, Immunities and Privileges
Art.18
Art.19
Art.20
Art.21
Art.22
Art.23
Art.24
Ch.II Jurisdiction of the Centre
Art.25
Art.26
Art.27
Ch.III Conciliation
s.1 Request for Conciliation
Art.28
s.2 Constitution of the Conciliation Commission
Art.29
Art.30
Art.31
s.3 Conciliation Proceedings
Art.32
Art.33
Art.34
Art.35
Ch.IV Arbitration
s.1 Request for Arbitration
Art.36
s.2 Constitution of the Tribunal
Art.37
Art.38
Art.39
Art.40
s.3 Powers and Functions of the Tribunal
Art.41
Art.42
Art.43
Art.44
Art.45
Art.46
Art.47
s.4 The Award
Art.48
Art.49
s.5 Interpretation, Revision and Annulment of the Award
Art.50
Art.51
Art.52
s.6 Recognition and Enforcement of the Award
Art.53
Art.54
Art.55
Ch.V Replacement and Disqualification of Conciliators and Arbitrators
Art.56
Art.57
Art.58
Ch.VI Cost of Proceedings
Art.59
Art.60
Art.61
Ch.VII Place of Proceedings
Art.62
Art.63
Ch.VIII Disputes between Contracting States
Art.64
Ch.IX Amendment
Art.65
Art.66
Ch.X Final Provisions
Art.67
Art.68
Art.69
Art.70
Art.71
Art.72
Art.73
Art.74
Art.75
Report of the Executive Directors on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
I
II
III
IV The International Centre for Settlement of Investment Disputes
General
Functions of the Administrative Council
Functions of the Secretary-General
The Panels
V Jurisdiction of the Centre
Consent
Nature of the dispute
Parties to the dispute
Notifications by Contracting States
Arbitration as exclusive remedy
Claims by the investor’s State
VI Proceedings under the Convention
Institution of proceedings
Constitution of Conciliation Commissions and Arbitral Tribunals
Conciliation proceedings; powers and functions of Arbitral Tribunals
Recognition and enforcement of arbitral awards
VII Place of Proceedings
VIII Disputes Between Contracting States
IX Entry into Force
Select Bibliography
Index
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Table of Treaties
From:
The History of ICSID (2nd Edition)
Antonio R. Parra
Previous Edition (1 ed.)
Content type:
Book content
Product:
Investment Claims [IC]
Published in print:
23 February 2017
ISBN:
9780198767466
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