International Centre for Settlement of Investment Disputes (ICSID).

Format:

Book

Author/Creator:

Kryvoi, Yarik.

Language:

English

Subjects (All):

International commercial arbitration.

Dispute resolution (Law).

Physical Description:

1 online resource (428 pages)

Edition:

5th ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2023.

Summary:

This comprehensive analysis by Yarik Kryvoi provides an in-depth examination of the International Centre for Settlement of Investment Disputes (ICSID). The book explores the structure, competence, and management of ICSID, detailing its role within the international legal framework. Topics covered include the genesis and historical development of ICSID, its organizational structure, as well as its conciliation, mediation, and arbitration mechanisms. The book is designed as a practical resource for lawyers, academics, and policymakers engaged in international investment disputes. It is particularly valuable for students and teachers of international law, offering insights into the evolving global legal landscape. Generated by AI.

Contents:

Cover

Half Title

Title

Copyright

The Author

Table of Contents

List of Abbreviations

Preface

Part I. Development and Structure of ICSID

Chapter 1. Introduction

Chapter 2. ICSID and Investor-State Disputes

Chapter 3. The ICSID Convention

1. GENESIS

2. HISTORY OF DRAFTING AND ADOPTION

3. THE STRUCTURE OF THE CONVENTION

Chapter 4. ICSID Institutional Framework

1. ICSID ADMINISTRATIVE COUNCIL

2. ICSID SECRETARIAT

3. ICSID FINANCES

4. OUTREACH AND COOPERATION WITH OTHER ORGANIZATIONS

Part II. ICSID Conciliation and Mediation

Chapter 1. ICSID as Facilitator of Mediation and Conciliation

Chapter 2. ICSID Conciliation Mechanism

Chapter 3. Challenges Facing Mediation and Conciliation

Chapter 4. ICSID Fact-Finding Mechanism

Part III. ICSID Arbitration Mechanism

Chapter 1. ICSID Arbitration Mechanism

1. REQUEST FOR ARBITRATION

2. OVERVIEW OF THE ARBITRATION PROCEDURE

3. COUNTERCLAIMS

4. MASS CLAIMS

5. PROVISIONAL MEASURES

6. CONFIDENTIALITY AND TRANSPARENCY

Chapter 2. Arbitration Tribunal

1. OVERVIEW

2. DIVERSITY OF ARBITRATORS

Chapter 3. Jurisdiction (Competence)

2. LEGAL DISPUTE

3. ARISING DIRECTLY OUT OF AN INVESTMENT

4. PARALLEL PROCEEDINGS

Chapter 4. Parties in ICSID Arbitration

1. NATIONAL OF ANOTHER CONTRACTING STATE

I. Natural Persons

II. Juridical Persons

2. NATIONALS OF NON-CONTRACTING STATES (THE ADDITIONAL FACILITY)

3. CONTRACTING STATES

4. SOVEREIGN WEALTH FUNDS

5. ABSENT PARTIES (DEFAULT PROCEEDINGS)

6. THIRD PARTIES

Chapter 5. Evidence in ICSID Arbitration

2. ADMISSIBILITY OF EVIDENCE

3. TYPES OF EVIDENCE

4. BURDEN OF PROOF

5. STANDARD OF PROOF

6. LAW APPLICABLE TO EVIDENTIARY ISSUES

7. OBTAINING AND PRESENTING EVIDENCE.

Chapter 6. Damages in ICSID Arbitration

1. PRINCIPLE OF FULL REPARATION

2. VALUATION METHODS

3. MORAL DAMAGES

Chapter 7. ICSID Costs and Fees

2. PARTY COSTS

3. TRIBUNAL COSTS

4. EMPIRICAL EVIDENCE ON COSTS AND FEES

5. ALLOCATION OF COSTS

I. The Source of Power to Decide on Costs

II. Approaches to Cost Allocation

III. Security for Costs

Chapter 8. Remedies Against the Award

1. REQUEST FOR SUPPLEMENTATION AND RECTIFICATION

2. REQUEST FOR INTERPRETATION

3. REQUEST FOR REVISION

4. REQUEST FOR ANNULMENT

Chapter 9. Recognition and Enforcement of ICSID Arbitration Awards

2. EXECUTION OF ICSID AWARDS

3. ENFORCEMENT IN INTRA-EU CASES

Part IV. Applicable Substantive Law in ICSID Disputes

Chapter 1. Choice of Substantive Law

Chapter 2. International Substantive Law

1. THE ROLE OF INTERNATIONAL LAW

2. INTERNATIONAL CONVENTIONS

3. CUSTOMARY INTERNATIONAL LAW

4. GENERAL PRINCIPLES OF LAW

5. ICSID CASES AND OTHER SECONDARY SOURCES

Chapter 3. Applicability of the ILC Articles on State Responsibility

Chapter 4. Principles of International Investment Law

1. FAIR AND EQUITABLE TREATMENT (FET)

I. Overview

II. Legitimate Expectations and Legal Stability

III. Preserving Regulatory Autonomy

2. PROHIBITION OF ARBITRARY AND DISCRIMINATORY MEASURES

3. DENIAL OF JUSTICE

II. Exhaustion of Local Remedies

III. The Required Standard

4. GUARANTEES IN THE EVENT OF EXPROPRIATION

II. Police Powers

III. Deprivation of Value

IV. Compensation

5. FULL PROTECTION AND SECURITY

I. The Standard of Care

II. Acts and Interests Protected

6. MFN TREATMENT

II. MFN Clauses and Substantive Obligations

7. UMBRELLA CLAUSES AND CONTRACTUAL OBLIGATIONS.

I. Overview

II. Scope of Ratione Personae

III. Jurisdiction Ratione Materiae

Chapter 5. Non-investment Obligations in ICSID Arbitration

1. THE GROWING IMPORTANCE

2. SOURCES OF OBLIGATIONS

I. Treaties

II. Domestic Law

III. Soft Law Instruments

3. NATURE OF NON-INVESTMENT OBLIGATIONS

I. Protection of Human Rights

II. Protection of Labour Rights

III. Protection of Environment

IV. Combating Economic Crimes and Corruption

V. Protection of Public Health

Part V. ICSID in the Global Context

Chapter 1. Concerns Related to ICSID

2. DELAYS IN PROCEEDINGS

3. INCONSISTENT DECISION-MAKING

4. HIGH COSTS OF PROCEEDINGS

5. THE NEGATIVE IMPACT ON SOVEREIGNTY

6. CONTRIBUTING TO AN IMBALANCE BETWEEN THE GLOBAL NORTH AND SOUTH

7. REINFORCE INEQUALITIES

8. LIMITED TRANSPARENCY

9. THE LIMITED ACCESS TO PARTICIPATION IN PROCEEDINGS

Chapter 2. ICSID Reform

Part VI. Documents

1. ICSID CONVENTION

2. LIST OF THE ICSID CONVENTION SIGNATORIES (2022)

3. ICSID ADMINISTRATIVE AND FINANCIAL REGULATIONS (2022)

4. ICSID RULES OF PROCEDURE FOR THE INSTITUTION OF CONCILIATION AND ARBITRATION PROCEEDINGS (INSTITUTION RULES) (2022)

5. ICSID RULES OF PROCEDURE FOR CONCILIATION PROCEEDINGS (CONCILIATION RULES)

6. ICSID RULES OF PROCEDURE FOR ARBITRATION PROCEEDINGS (ARBITRATION RULES) (2022)

7. ICSID MEDIATION RULES

8. REPORT OF THE WORLD BANK EXECUTIVE DIRECTORS ON THE ICSID CONVENTION (1965)

9. ICSID ADDITIONAL FACILITY RULES (1978)

10. INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES SCHEDULE OF FEES (2020)

11. WORLD BANK GUIDELINES ON THE TREATMENT OF FOREIGN DIRECT INVESTMENT (1992)

Selected Bibliography

Index

Back Cover.

Notes:

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Part of the metadata in this record was created by AI, based on the text of the resource.

Other Format:

Print version: Kryvoi, Yarik International Centre for Settlement of Investment Disputes (ICSID)

ISBN:

9789403515175

9403515171

OCLC:

1397572483