The ICSID Convention: A Commentary

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Cambridge University Press, Jul 23, 2001 - Law - 1466 pages
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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.
 

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Christopher Schreuer is definitely an authority regarding International Arbitration. This book should be in every International Lawyer private library. It is a concise interpretation with “jurisprudence” of the ICSID Convention and its current application.

Contents

Foreword by Professor Sir Elihu Lauterpacht CBE QC page
xi
Authors Preface
xvii
List of Abbreviations
xxviii
SECTION
xxxv
CHAPTER V
xlv
Establishment of Centre
12
Composition of Administrative Council
18
Decisions of Administrative Council
32
The Award
751
Award
783
Dispatch Supplementation and Rectification
829
Interpretation
856
Revision
868
Annulment
881
Recognition and Enforcement of the Award
1049
Binding Force
1076

SecretaryGeneral and Deputy SecretaryGeneral
39
Panels of Conciliators and Arbitrators
50
Qualities of Panel Members
56
Multiple Designations
62
Immunities and Privileges of Centre
69
Immunities of Parties and Witnesses
75
CHAPTER II
89
Exclusive Remedy
345
Diplomatic Protection
397
CHAPTER III
415
Appointment by Chairman
421
Rules on Procedure
425
NonInvocation in Subsequent Proceedings
441
SECTION 2
467
Appointment by Chairman
487
Nationality of Arbitrators
498
Qualities of Arbitrators
509
SECTION 3
521
Applicable Law
549
Evidence
644
Rules on Procedure
665
Default of a Party
693
Ancillary Claims
720
Provisional Measures
744
Enforcement
1098
State Immunity
1141
Replacement
1181
Proposal to Disqualify
1195
Decision to Disqualify
1202
CHAPTER VI
1207
Fees and Expenses
1212
Apportionment of Expenses
1218
CHAPTER VII
1242
Proceedings at Another Place
1250
Disputes between Contracting States
1262
International Court of Justice
1263
CHAPTER IX
1265
Decision on Amendment
1266
Final Provisions Article 67 Signature
1269
Ratification and Entry into Force
1272
Implementing Legislation
1277
Territorial Application
1281
Denunciation
1284
Continuing Effect of Consent
1285
Depositary
1287
Index
1331
Copyright

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About the author (2001)

Christoph Schreuer is a graduate of the Universities of Vienna, Cambridge and Yale. Over an academic career spanning more than forty years, he has published numerous articles and several books in the field of international law. He has covered such diverse areas as human rights, adjudication by national and international courts and tribunals, sovereign immunity, the law of international organizations, the sources of international law and the future of sovereignty.

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