ICSID Convention: The Law of the International Centre for Settlement of Investment Disputes - PDF (Downloadable Electronic Product)

Dr K. V. S. K. Nathan has published widely on international commercial arbitration and investment disputes. He is currently Of the Middle Temple a Barrister at law in international practice and also serves as an arbitrator on ICSID, ICC and WIPO panels. Dr Nathan specialises in construction and international development issues. He serves from time to time as a consultant to the World Bank on privatisation strategies and long term concessions and agreements involving foreign investors.

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Description:

The Law of the International Centre for Settlement of Investment Disputes is the first book to describe the origins, organization and operations of the Centre, popularly known by its acronym ICSID. This book summarizes the facts and the law derived from examining the cases that have come before ICSID Tribunals and provides a critical analysis of the issues that are likely to crop up in arbitration proceedings. It gives a critical analysis for busy lawyers of the law governing arbitrations administered by the Centre and raises all the issues that are likely to crop up in arbitration proceedings.

Although intended primarily for lawyers, the book also serves as a manageable handbook for government administrators and investors and their advisors. The book introduces them to this unique arbitral institution and describes the potential of ICSID Tribunals to develop rules of international economic law to govern the special nature of transactions between public officials of developing countries and multinational and transnational companies investing in the exploitation of natural and other key economic resources.

Table of Contents:

Chapter One INTRODUCTION Chapter Two FUNDAMENTALS OF THE ARBITRAL PROCESS Mutuality Doctrine of Severability Doctrine of Compéténce de la Compéténce Chapter Three INTERFACING IN INTERNATIONAL ARBITRATIONS Points of Contact The Coming Together of Diverse Cultures and Legal Systems The Role of International Law in International Arbitrations Harmonization of Arbitration Laws and Procedural Rules Chapter Four THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES The Washington Convention Organization and Management of ICSID Administration and Arbitration Costs Chapter Five SALIENT CHARACTERISTICS OF THE ICSID CONVENTION Renunciation of Diplomatic Protection Effectiveness of ICSID Awards Exclusion of Jurisdiction of Local Courts Annulment of ICSID Awards Applicable Law Chapter Six PARTIES TO AN ICSID ARBITRATION General State Parties Nationality in ICSID Arbitration Chapter Seven ICSID ARBITRABLE DISPUTES Legal Disputes Investment Disputes Chapter Eight ICSID JURISDICTION - CONSENT OR CONVENTION General Investment in International Law The Practice of ICSID ICSID Secretary-General: Judge or Administrator Jurisdiction of ICSID Tribunals is not an Inter Partes Matter Interpretation of the ICSID Convention Chapter Nine THE DEVELOPMENT OF RULES OF INTERNATIONAL ECONOMIC LAW Special Aspects of International Arbitrations ICSID and International Law Appendix One: LIST OF CONTRACTING STATES AND OTHER SIGNATORIES OF THE CONVENTION Appendix Two: CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES Appendix Three: RULES OF PROCEDURE FOR ARBITRATION PROCEEDINGS Table of Cases Index

Reviews:

Praise for "The ICSID Convention":

"This is an in-depth and yet concise work on an institution that is practically just beginning its work.
By providing, as it does, the insights of a practitioner and scholar in addition to the fundamentals
of ICSID practice and procedure, the book must be considered a valuable work for government
administrators and investors and their advisors, as well as the international legal community."
-- ICSID Review

"This concise book written by an English barrister who spent many years with the World Bank, deals
admirably not only with virtually every aspect of arbitration under ICSID, but also has a chapter
on "Fundamentals of the Arbitral Process" and sections on "The Role of International Law
in International Arbitrations," "The Coming Together of Diverse Cultures and Legal
Systems" and "Harmonization of Arbitration Laws and Procedural Rules," thus giving
context to ICSID and its arbitral regime. Both those who are already aware of ICSID and those
coming to it for the first time will derive undoubted benefit from this welcome addition to the
literature on this important arbitral facility."
-- Asian Dispute Review