Originally from: Between East and West: Essays in Honour of Ulf Franke - Hardcover Between East and West: Essays in Honour of Ulf Franke - Electronic
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Participation in the ICSID Convention
Antonio R. Parra
I. INTRODUCTION The International Centre for Settlement of Investment Disputes (ICSID) is a public international organization, one of four affiliated with the International Bank for Reconstruction and Development (IBRD). The other affiliated organizations are the International Finance Corporation (IFC), the International Development Association (IDA), and the Multilateral Investment Guarantee Agency (MIGA). The constituent treaty of ICSID, which was formulated by the Executive Directors of the IBRD, is the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention). The States parties to it now number 144. They are called Contracting States in the Convention. In accordance with Article 3 of the Convention, ICSID has an Administrative Council and a Secretariat. The Council comprises one representative of each Contracting State; its functions include approving the regulations, rules, and annual reports and budgets of ICSID. The President of the IBRD is ex officio Chairman of the Council. The Secretariat, consisting of a Secretary-General, Deputy Secretary- General, and staff, carries out the day-to-day work of ICSID. This includes administering the system created by the Convention for the conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States. Article 25(1) of the Convention elaborates, in terms that refer to the “jurisdiction of the Centre,” on the scope of this system. According to Article 25(1), the jurisdiction extends to “any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre.”
TABLE OF CONTENTS FOREWORD When—If Ever—Should Failure to Challenge an Award before the Courts of the Seat Amount to a Waiver of New York Convention Defences? Frédéric Bachand The Role of the Institution in Taming Electronic Disclosure C. Mark Baker and Kinan H. Romman Teaching International Arbitration in Law Faculties Eric E. Bergsten Some Reflections on Dispute Settlement in Air, Space, and Telecommunication Law Karl-Heinz Böckstiegel Without Delay: Arbitrating in Six Months— the German Approach for Expedited Proceedings Jens Bredow The Power and Effectiveness of Pre-arbitral Provisional Relief: The SCC Emergency Arbitrator in Investor-State Disputes Charles N. Brower, Ariel Meyerstein and Stephan W. Schill Do Arbitration Rules Give the Tribunals Too Much Freedom to Conduct International Arbitration As They Think Fit? Peter Scott Caldwell Cross-Examination and International Arbitration Bernardo M. Cremades and David J. A. Cairns ICSID, UNCITRAL and SCC As Investment Fora Hans Danelius Towards a Unified Approach to the Law Applicable to the Arbitration Agreement in United States Courts Donald Francis Donovan and David W. Rivkin Institutional Commercial Arbitration from the Inside Diana C. Droulers Arbitration in Arab Countries Abdel Hamid El Ahdab Ulf Franke—Thirty-five Years and Afterwards Johan Gernandt Voluntary Solutions to Procedural Problems Lars Göthlin and Mattias Bexelius Pre-Dispute Waivers of Investment Treaty Arbitration: A Practical Approach Jeffrey Hertzfeld and Barton Legum Are Parties Entitled to Agree on the Application of the UNCITRAL Model Law in a Contract Providing for Arbitration in Sweden? Lars Heuman
Taking Evidence Abroad in International Arbitration in the 21st Century Martin Hunter and Andrey Panov Determining the Parties’ True Choice of the Seat of Arbitration and Lex Arbitri Michael Hwang and Darius Chan Is There a Code of Conduct for Party-appointed Experts in International Arbitration? Mark Kantor
Les Anciens et les Modernes in International Arbitration: Looking Back and Looking Forward Pierre A. Karrer
Enforcement of SCC Arbitral Awards in CIS Countries: Reflections on Arbitration History Vladimir Khvalei
Remarks on the Development of International Commercial Arbitration in Modern Russia Alexander S. Komarov
Corruption in International Investment Arbitration: Jurisdiction and the Unclean Hands Doctrine Richard Kreindler
Discretion Pursuant to Article V of the New York Convention Gustaf Möller
Ulf Franke, Stockholm Arbitration, and the Bridge to China Michael J. Moser
Negative Inferences: An Arbitral Tribunal’s Powers to Draw Adverse Conclusions from a Party’s Failure to Comply with the Tribunal’s Orders Bo G.H. Nilsson
Reflection on What Is Special in an Arbitrator’s Life Piotr Nowaczyk
Participation in the ICSID Convention Antonio R. Parra
Security for Costs in Investment Arbitration Jakob Ragnwaldh and Nils Eliasson
Challenging Arbitrators’ Fees Determined by Arbitration Institutions Jan Ramberg and Serge Lazareff Incorporation and Passivity: Entering into Arbitration Agreements under Swedish Law Anders Reldén and Mattias Nilsson
Contractual Relations in Institutional Arbitration Patrik Schöldström
The New SCC Emergency Arbitrator Rules Patricia Shaughnessy
International Arbitration in Ukraine: Yesterday, Today . . . Forever Tatyana Slipachuk
The Parties’ Contract with the Arbitration Institution Christer Söderlund
Enforcement of SCC Arbitration Awards in China Jingzhou Tao
Arbitration Guidelines: Straitjacket or Compass? Hans van Houtte
Users, Courts, Arbitral Institutions—And the Need for Comparative Statistics V.V. Veeder and Amy Sander
Improvement of the Civil Code of the Russian Federation and Its Impact on Arbitration Practice Nina Vilkova
Bringing Arbitration Closer to Company Management and Boards: Can Arbitral Institutions Further This Aspiration? Carita Wallgren-Lindholm
What Can You Expect? The Role of Legitimate Expectations in Investment Protection Disputes Fred Wennerholm
The Impact of Document Production on the Efficiency of Arbitration Claes Zettermarck and Rikard Wikström
Procedural Aspects of the Activities of Institutional Arbitration Bodies Ivan S. Zykin
About the Author:
Antonio R. Parra is Secretary General of the International Council for Commercial Arbitration and a Consultant with the World Bank. From 1999 to 2005, he served as Deputy Secretary-General of the International Centre for Settlement of Investment Disputes and was its Legal Adviser from 1990 to 1999.
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