Investor-State Arbitration--Lessons for Asia - Appendices
About the Editor:
Michael J. Moser is Chair of the Hong Kong International Arbitration Centre and a Partner of O’Melveny & Myers in Hong Kong and Beijing. Resident in China since 1980, he frequently acts as arbitrator in disputes between Asian parties and multinational corporations. Mr. Moser is Vice President of the Asia Pacific Regional Arbitration Group (APRAG) Co-Chair of the China Arbitration Forum and a Vice Chair of the IBA Committee on Arbitration. He is a member of the panel of arbitrators of CIETAC, the HKIAC, the SIAC, the AAA/ICDR and other leading institutions. Mr. Moser serves as adjunct Professor of Arbitration Law at the City University of Hong Kong and is General Editor of the Journal of International Arbitration. Mr. Moser is a graduate of the Harvard Law School and holds a Ph.D. from Columbia University. Mr. Moser is a graduate of the Harvard Law School and holds a Ph.D. from Columbia University.
Dato’ Cecil Abraham, Zul Rafique & Partners, Advocates & Solicitors
Raja Bose, Watson, Farley & Williams, Singapore
Matthew Gearing, Allen & Overy, London and Hong Kong
Alastair Henderson, Herbert Smith, Bangkok
Kaj Hobér, Mannheimer Swartling, Stockholm
Michael Hwang S.C., International Arbitrator, Singapore
Neil Kaplan CBE, QC, Hong Kong International Arbitration Centre
David Kavanagh, O’Melveny & Myers, London
Sabine Konrad, Dewey & LeBoeuf, Paris
Michael Lee, International Arbitrator
Karen Mills, KarimSyah, Hong Kong
David W. Rivkin, Debevoise & Plimpton, New York and London
Kim Rooney, White & Case, Hong Kong
Kathryn Sanger, Clifford Chance, Hong Kong
John Savage, Shearman & Sterling, Singapore
M. Sornarajah, Faculty of Law, National University of Singapore
Peter Turner, Freshfields Bruckhaus Deringer, Paris
V.V. Veeder Q.C., Essex Court Chambers, London
The Hon. Wong Yan Lung, SC, JP, Secretary for Justice
Yuqing Zhang, Attorney and Law professor, Advises international companies on Chinese Law
Originally from Investor-State Arbitration--Lessons for Asia
ICSID CONVENTION, REGULATIONS AND RULES
The International Centre for Settlement of Investment Disputes (ICSID or the Centre) is established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention). The Convention was formulated by the Executive Directors of the International Bank for Reconstruction and Development (the World Bank). On March 18, 1965, the Executive Directors submitted the Convention, with an accompanying Report, to member governments of the World Bank for their consideration of the Convention with a view to its signature and ratification. The Convention entered into force on October 14, 1966, when it had been ratified by 20 countries.
As at April 10, 2006, 143 countries have ratified the Convention to become Contracting States.
In accordance with the provisions of the Convention, ICSID provides facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States. The provisions of the ICSID Convention are complemented by Regulations and Rules adopted by the Administrative Council of the Centre pursuant to Article 6(1)(a)–(c) of the Convention (the ICSID Regulations and Rules). The ICSID Regulations and Rules comprise Administrative and Financial Regulations; Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules); Rules of Procedure for Conciliation Proceedings (Conciliation Rules); and Rules of Procedure for Arbitration Proceedings (Arbitration Rules). The latest amendments of the ICSID Regulations and Rules adopted by the Administrative Council of the Centre came into effect on April 10, 2006.
Reprinted in this booklet are the ICSID Convention, the Report of the Executive Directors of the World Bank on the Convention, and the ICSID Regulations and Rules as amended effective April 10, 2006.