The ICSID Convention : a commentary / Christoph H. Schreuer ... [et al.].

Format:

Book

Author/Creator:

Schreuer, Christoph.

Contributor:

International Centre for Settlement of Investment Disputes.

Schreuer, Christoph.

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

International Centre for Settlement of Investment Disputes. Administrative Council.

International Centre for Settlement of Investment Disputes.

Physical Description:

1 recurso en línea (1600 páginas)

Edition:

2nd ed.

Place of Publication:

Cambridge : Cambridge University Press, 2009.

Summary:

The ICSID Convention is a multilateral treaty that governs the settlement of disputes, chiefly through arbitration, between States and foreign investors. This Commentary gives a detailed description of the meaning and application of the ICSID Convention, with reference to the growing body of decided cases.

Contents:

Cover

Half-title

Title

Copyright

Contents

Foreword

Authors' preface to the second Edition

Table of cases

Electronic sources

ICSID and Additional Facility cases

National cases

BELGIUM

ENGLAND

FRANCE

NEW ZEALAND

PAKISTAN

SLOVAKIA

SWITZERLAND

UNITED STATES

Abbreviations

Convention on the Settlement of Investment Disputes between States and Nationals of Other States

PREAMBLE

The Contracting States

CHAPTER I International Centre for Settlement of Investment Disputes

Section 1 Establishment and Organization

Article 1

Article 2

Article 3

Section 2 The Administrative Council

Article 4

Article 5

Article 6

Article 7

Article 8

Section 3 The Secretariat

Article 9

Article 10

Article 11

Section 4 The Panels

Article 12

Article 13

Article 14

Article 15

Article 16

Section 5 Financing the Centre

Article 17

Section 6 Status, Immunities and Privileges

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

CHAPTER II Jurisdiction of the Centre

Article 25

Article 26

Article 27

CHAPTER III Conciliation

Section 1 Request for Conciliation

Article 28

Section 2 Constitution of the Conciliation Commission

Article 29

Article 30

Article 31

Section 3 Conciliation Proceedings

Article 32

Article 33

Article 34

Article 35

CHAPTER IV Arbitration

Section 1 Request for Arbitration

Article 36

Section 2 Constitution of the Tribunal

Article 37

Article 38

Article 39

Article 40

Section 3 Powers and Functions of the Tribunal

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Section 4 The Award

Article 48

Article 49

Section 5 Interpretation, Revision and Annulment of the Award.

Article 50

Article 51

Article 52

Section 6 Recognition and Enforcement of the Award

Article 53

Article 54

Article 55

CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators

Article 56

Article 57

Article 58

CHAPTER VI Cost of Proceedings

Article 59

Article 60

Article 61

CHAPTER VII Place of Proceedings

Article 62

Article 63

CHAPTER VIII Disputes between Contracting States

Article 64

CHAPTER IX Amendment

Article 65

Article 66

CHAPTER X Final Provisions

Article 67

Article 68

Article 69

Article 70

Article 71

Article 72

Article 73

Article 74

Article 75

Preamble

OUTLINE

1. Establishment and Name of the Centre

2. Purpose of the Centre

I. INTRODUCTION

II. INTERPRETATION

1. Meetings

2. Voting

3. Quorum

4. Simplified Voting Procedure

1. Election

2. Incompatibility of Office

3. Acting Secretary-General

BIBLIOGRAPHY

1. Representation and Administration of the Centre

2. Keeping of Records

3. Registrar in Proceedings

4. Administrative Support in Proceedings

5. Public Information

6. The Additional Facility

7. Appointing Authority for Non-ICSID Arbitration

1. Designation by Contracting States

2. Designation by the Chairman

3. Nationality of Panel Members

1. General Qualities of Panel Members

2. The Chairman's List

1. Immunity from Legal Process

2. Other Immunities and Privileges.

Article 22

1. Archives

2. Official Communications

1. The Centre

2. Persons Permanently Associated with the Centre's Work

3. Conciliators, Arbitrators and Members of Ad Hoc Committees

A. "(1) The jurisdiction of the Centre . . ."

1. Jurisdiction, Competence and Admissibility

2. Scope of Jurisdiction

3. The Relevant Date for the Determination of Jurisdiction

B. ". . . shall extend to any legal dispute . . ."

1. The Existence of a Dispute

2. The Time of the Dispute

3. The Legal Nature of the Dispute

C. ". . . arising directly . . ."

1. General Meaning under the Convention

2. Direct Disputes or Direct Investments

3. The General Unity of an Investment Operation

4. General Measures affecting Investments

D. ". . . out of an investment, . . ."

2. The Dual Test for the Existence of an Investment

3. Contracts Relating to Investments

4. Definitions of Investment in National Legislation

5. Definitions of Investment in Treaties

6. Types of Investments

7. A Test for the Existence of an Investment?

8. Investments: Special Issues

9. Use of the Additional Facility in the Absence of an Investment

E. ". . . between a Contracting State . . ."

1. Participation in the Convention

2. Contingent Submission

3. The Additional Facility

4. Ad Hoc Arbitration

F. ". . . (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) . . ."

1. General Meaning

2. Constituent Subdivision or Agency

3. Designation to the Centre

G. ". . . and a national of another Contracting State, . . ."

1. General Significance

2. The Private Character of the Investor.

3. Multipartite Arbitration

4. The Nationality of the Investor

5. Participation of the Investor's State of Nationality in the Convention

6. Identification of the Investor's State of Nationality

7. Contingent Submission

8. The Additional Facility

9. Ad Hoc Arbitration

H. ". . . which the parties to the dispute . . ."

1. Identity of Consenting and Litigating Parties?

2. The Identification of the Party on the Host State's Side

3. The Identification of the Party on the Investor's Side

4. Subrogation

I. ". . . consent in writing to submit to the Centre."

2. Consent in Writing

3. Consent through Direct Agreement between the Parties

4. Consent through Host State Legislation

5. Consent through Bilateral Investment Treaties

6. Consent through Multilateral Treaties

7. The Temporal Elements of Consent

8. Limitations on Consent

9. Procedural Conditions to Consent

10. Applicability of Consent to Successive Instruments

11. The Applicability of MFN Clauses to Consent

12. The Interpretation of Consent

J. "When the parties have given their consent, no party may withdraw its consent unilaterally."

1. The Irrevocability of Consent

2. Prohibition of Indirect Withdrawal of Consent

K. "(2) 'National of another Contracting State' means:"

L. "(a) any natural person who had the nationality of a Contracting State

1. Determination of Nationality

2. Nationality of a Contracting State

3. No Nationality of the Host State

4. Critical Dates

M. "and (b) any juridical person which had the nationality of a Contracting State

1. Juridical Persons

2. Determination of Corporate Nationality

3. Nationality of a Contracting State

4. Critical Date

N. ". . . andany juridicalpersonwhichhadthe nationality of theContracting State party.

1. General Significance

2. Host State Nationality

3. Agreement to Treat the Investor as a National of Another Contracting State

4. Foreign Control

5. Critical Dates

6. Consequences of Agreement on Nationality

O. "(3) Consent by a constituent subdivision or agency of a Contracting State

1. Approval of Consent

2. Waiver of Approval

3. Consequences of Approval for the Host State

P. "(4) Any Contracting State may, at the time of ratification, acceptance or approval of this Convention

1. Notification of Intent Concerning Classes of Disputes

2. Consent and the Notification of Intent

A. "Consent of the parties to arbitration under this Convention . . . "

B. ". . . unless otherwise stated, . . ."

1. Concurrent Arbitration Clauses

2. Concurrent Reference to Domestic Courts

3. "Fork in the Road" Clauses

4. Jurisdiction for Treaty Claims and Contract Claims

C. ". . . shall, . . . be deemed consent to such arbitration to the exclusion of any other remedy."

1. Non-ICSID Arbitration

2. Consolidation and Identical Tribunals

3. Domestic Proceedings

4. Enforcement of Non-ICSID Awards by Domestic Courts

5. Intervention by Domestic Courts to Stay ICSID Arbitration

6. Provisional Measures by Domestic Courts in ICSID Arbitration

7. Non-Judicial Remedies

D. "A Contracting State may require the exhaustion of local administrative

1. The Basic Rule of Non-Exhaustion

2. Exhaustion of Local Remedies as a Condition of Consent

3. Practice of Tribunals

4. General Considerations

A. General

B. "(1) No Contracting State . . ."

C. ". . . shall give diplomatic protection, . . .".

D. ". . . or bring an international claim, . . .".

Notes:

"A commentary on the Convention on the Settelement of the Investment Disputes between States and Nationals of Other States" -- Portada

Includes bibliographical references and index.

ISBN:

1-316-28469-7

1-107-20054-7

1-282-31663-X

9786612316630

0-511-59609-X

0-511-59374-0

0-511-59649-9

0-511-59281-7

0-511-59567-0

OCLC:

609842824