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The ICSID Convention: A Commentary by Christoph H. Schreuer, Loretta Malintoppi, August Reinisch,

By Christoph H. Schreuer, Loretta Malintoppi, August Reinisch, Anthony Sinclair

This exact compendium bargains an article-by-article statement to the conference at the payment of funding Disputes among States and Nationals of alternative States. supplying a finished clarification of the functioning of this significant mechanism for the payment of investor-host kingdom disputes, it accommodates the preparatory paintings, the Convention's textual content, quite a few ideas and laws followed below the conference, the perform of arbitral tribunals less than the conference and educational writings at the topic. the 1st version of this paintings has been relied upon by means of quite a few arbitral tribunals. This moment version follows an identical procedure and process, yet vast updates replicate the large raise in arbitral perform because the e-book of the 1st version. a few novel concerns that experience emerged via this tradition at the moment are addressed, making this practice-oriented consultant an essential device for somebody facing the ICSID conference.

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Stockholm CC Suppl. S. USC v. Viz. Vol. YBILC Za¨oRV List of abbreviations Permanent Court of International Justice Public Law Recueil des Cours Resolution Arbitration Rule Arbitration Institute of the Stockholm Chamber of Commerce Southern District of New York Section United Kingdom State Immunity Act of 1978 Statute Stockholm Chamber of Commerce Supplement Above Transnational Dispute Management United Kingdom United Nations Commission on International Trade Law United Nations Educational, Scientific and Cultural Organization International Institute for the Unification of Private Law United Nations Treaty Series United States United States (Reports) United States Code versus (against) Videlicet (namely) Volume Yearbook of the International Law Commission Zeitschrift f¨ur ausl¨andisches o¨ ffentliches Recht und V¨olkerrecht CONVE N T I O N O N T H E S ET TLEM ENT O F INVES TME N T D I SP U T E S BE TW EEN S TATES AND NAT I O NA L S O F OTH ER S TATES P R EA M BL E The Contracting States Considering the need for international cooperation for economic development, and the role of private international investment therein; Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States; Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases; Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire; Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development; Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration, Have agreed as follows: CHAPTER I International Centre for Settlement of Investment Disputes Section 1 Establishment and Organization Article 1 (1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre).

25, 275. Saipem v. A. v. People’s Republic of Bangladesh (Case No. ARB/05/7) Decision on Jurisdiction and Recommendation on Provisional Measures, 21 March 2007. Reported: 22 ICSID Review – FILJ 100 (2007); ICSID homepage; ITA; IC. 25, 186; 26, 121, 227; 41, 91; 42, 187; 47, 45, 69; 57, 32. Salini v. A. A. v. Hashemite Kingdom of Jordan (Case No. ARB/02/13) Decision on Jurisdiction, 29 November 2004. Reported: 20 ICSID Review – FILJ 148 (2005); 44 ILM 573 (2005); 132 Journal du droit international 182 (2005) (excerpts); ICSID homepage; ITA; IC.

ARB/99/7) Award and Dissenting Opinion, 9 February 2004. 25, 166. Decision on Stay of Enforcement, 30 November 2004. Reported: 20 ICSID Review – FILJ 587 (2005); ICSID homepage; ITA; IC. 52, 603, 617, 626, 640; 53, 38. Decision on Annulment, 1 November 2006. Reported: ITA; IC. 25, 166, 937; 44, 71; 52, 12, 19, 39, 40, 115, 146, 159, 203, 357, 380, 454, 476, 530. Mobil Oil v. New Zealand Mobil Oil Corporation and others v. New Zealand (Case No. ARB/87/2) Findings on Liability, Interpretation and Allied Issues, 4 May 1989.

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