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ICSID Convention After 50 Years: Unsettled Issues

ICSID Convention After 50 Years: Unsettled Issues

Author: Crina Baltag
Publisher: Kluwer Law International
ISBN: 9789041166333
Published In: February 2017
Format: Hardback , 640 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
ICSID Convention after Fifty Years: Unsettled Issues celebrates the fiftieth anniversary of the Convention on the International Centre for Settlement of Investment Disputes (ICSID Convention or Convention) with an overview and analysis of the International Centre for Settlement of Investment Disputes (ICSID) case law to date and, focusing particularly on unsettled issues, assesses possible developments in the institution’s next phase. The ICSID has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments – probably the most notable development of international law of the past half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received its 500th case in 2015.

What’s in this book:

This volume is a collection of twenty-two essays by prominent practitioners with substantial experience in investment arbitration law. The topics they cover encompass such issues as the following:
- the political and economic reasons behind the creation of the ICSID;
- admissibility and jurisdiction;
- ICSID vis-à-vis bilateral investment treaties;
- States’ concerns about the ‘partiality’ of arbitrators in favour of investors;
- proceedings involving a non-contracting State;
- applicable laws under the ICSID Convention;
- conflicting interpretations of ICSID Convention provisions;
- interaction of foreign investment and economic development;
- value of ICSID awards in the light of EU law;
- annulment of ICSID awards;
- effects of denunciation (Bolivia, Ecuador, Venezuela) and non-contracting States (Russia, Brazil, India);
- attribution of conduct of State-owned enterprises (SOEs);
- recognition and enforcement of ICSID arbitral awards;
- counterclaims; and
- allocation of costs.
The cases involve a broad spectrum of international economic matters, including provisions of the Energy Charter Treaty, exploitation of natural resources, electric power, transportation, construction, finance, communications, water, sanitation, agriculture, fishing and forestry, and service and trade.

How this will help you:

As a detailed response to the question whether ICSID has contributed as promised to an improvement in the investment climate and promoted the flow of private foreign capital – and as an assessment of the present and future feasibility of the ICSID system for the resolution of investment disputes by arbitration and conciliation – this book has no peers. Considering the current crisis of investment law, the book’s immediate value, not only to investors and their counsel but also to practitioners and academics, in the field of investment law and arbitration, and public international law cannot be overstated.
Editor

Contributors

Foreword

Preface

List of Abbreviations

Chapter 1 The ICSID Convention: A Successful Story – The Origins and History of the ICSID Crina Baltag

Chapter 2 Paradoxes of (Sovereign) Consent: On the Uses and Abuses of a Notion in International Investment Law Horia Ciurtin

Chapter 3 The Notion of Investment and Economic Development under the ICSID Convention Roberto Castro de Figueiredo

Chapter 4 Natural Persons as Claimants under the ICSID Convention Matei Purice

Chapter 5 Juridical Persons and the Requirements of the ICSID Convention Chester Brown & Ashique Rahman

Chapter 6 Attribution of Conducts of State-Owned Enterprises Based on Control by the State Albert Badia

Chapter 7 Contract Claims and Treaty Claims Alfred Siwy

Chapter 8 Jurisdiction and Admissibility in Proceedings under the ICSID Convention and the ICSID Additional Facility Rules Hanno Wehland

Chapter 9 Preliminary Objections to Dismiss Claims that are Manifestly without Legal Merit under Rule 41(5) of the ICSID Arbitration Rules Michele Potestà

Chapter 10 The Applicable Law and the ICSID Convention Monique Sasson

Chapter 11 Bias Challenges in ICSID Arbitration: Unsettled Issues Sam Luttrell

Chapter 12 The Role of National Courts in ICSID Arbitration Alejandro López Ortiz, Patricia Ugalde Revilla & Christopher Chinn

Chapter 13 Mapping the Genetic Code of Provisional Measures: Characteristics and Recent Developments Lucas Bento

Chapter 14 Treaty Counterclaims under the ICSID Convention Stefan Dudas

Chapter 15 Recognition and Enforcement of ICSID Awards: The ICSID Convention and the European Union Markus Burgstaller

Chapter 16 Annulment of ICSID Awards: Recent Trends Silvia M. Marchili & Sara McBrearty

Chapter 17 Allocation of Costs in ICSID Arbitrations Matthew Hodgson & Elizabeth Evans

Chapter 18 Treaty Interpretation, the ICSID Convention and Investment Treaties Romesh Weeramantry

Chapter 19 Modern Authoritarian Regimes and the Denunciation of the ICSID Convention Vanessa A. Giraud Martinelli

Chapter 20 The ICSID Convention and Non-Contracting States: The Brazilian Position Metaphor Daniel de Andrade Levy

Chapter 21 Enhancing the Appeal of Conciliation under the ICSID Convention Dany Khayat & William Ahern

Chapter 22 The Future of the ICSID Convention: Bigger, Better, Faster? Daniel Kalderimis

Index