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Cover

ICSID: An Introduction to the Convention and Centre

Antonio R. Parra

March 2020

ISBN: 9780198821533

176 pages
Paperback
246x171mm

In Stock

Price: £34.99

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.

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Description

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.

  • The only up-to-date introductory book on ICSID and ICSID arbitration
  • Full and accessible picture of an increasingly important dispute settlement mechanism
  • Current information, commentary, and analysis covering fundamental aspects of ICSID and ICSID cases
  • Written by an authoritative author with over 20 years' experience working closely with ICSID

About the Author(s)

Antonio R. Parra, Honorary Secretary-General, International Council for Commercial Arbitration

Antonio R. Parra was the first Deputy Secretary-General of ICSID. He is currently an Honorary Secretary-General of the International Council for Commercial Arbitration and a Fellow of the Chartered Institute of Arbitrators.

Table 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