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9 Other Procedures

From: Procedural Issues in International Investment Arbitration

Jeffery Commission, Rahim Moloo

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved. date: 28 January 2022

Place of arbitration

This chapter examines other procedures in investment arbitration proceedings, with particular emphasis on how International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL tribunals have addressed them in practice. ICSID has schematically set out what it describes as ‘the steps in the process’ in an ICSID arbitration using a flow chart. However, this flow chart is not able to anticipate with much certainty the potential impact of certain other procedures. The chapter first explains the determination of the legal place or seat of arbitration in non-ICSID Convention arbitrations before discussing the practice of early dismissal mechanisms, specifically, ICSID Rule 41(5) objections for manifest lack of legal merit. It then considers the question of site visits conducted by tribunals in ICSID and UNCITRAL arbitrations, the practice of tribunal-appointed experts, and requests for reconsideration. It also outlines the features of multi-party arbitration, including the procedures and issues associated with mass claims.

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