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The Convention on the Settlement of Investment Disputes between States and Nationals of other States entered into force in October 1966, and is administered by ICSID (International Centre for Settlement of Investment Disputes). There are now 131 countries which have ratified the convention. Its caseload has grown substantially during the last ten years. In this unique compendium, the official text and Professor Schreuer's updated commentary on the entire Convention is set out, Article by Article, as at June 2000. This books offers the most comprehensive explanation of the functioning of this important mechanism for the settlement of investor-host State disputes. It incorporates the preparatory work, the literature and the practice under the Convention, as well as a complete tables and index, and cross references to the ICSID Reports. This practice-oriented guide will be an indispensable tool for anyone dealing with the ICSID Convention.
Based on the author's dissertation (doctoral)--University of Geneva.
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall s...
This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
This major new commentary on the ICSID Convention, Regulations and Rules offers a new, forward-looking and highly practical interpretation of the convention and its associated documents. It is the first commentary to provide systematic article-by-article coverage not only of the Convention itself, but also of the institution rules, the ICSID arbitration rules and the ICSID administrative and financial regulations. Written by a team of leading experts from private practice, government and academia, this uniquely comprehensive work will be an essential resource for those in the investment arbitration community, and a turn-to reference work for international investment law and international arbitration scholars.
This Guide to ICSID Arbitration, first published in 2004, was written by three leading ICSID arbitration practitioners in the eminent international law firm of Freshfields Bruckhaus Deringer to fill the gap in the literature between generic descriptions and detailed academic commentary. This second edition of the Guide takes account of the scores of ICSID awards and decisions rendered since 2004, as well as significant amendments to ICSID rules and practices. It provides a sufficiently detailed but still ‘user-friendly’ understanding of what ICSID arbitration is, when and how it can and should be used, and how an ICSID case works from start to finish. It offers potential and non-expert users of the ICSID regime - as well as those generally interested in investment treaty arbitration - the essentials of the ICSID Convention and of BITs and MITs, the various sets of rules, ICSID procedure, and the now considerable body of ICSID jurisprudence.
The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Volume 19 of the ICSID Reports includes cases between 2004 and 2016.
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.