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A case can be processed under the ICSID Additional Facility Rules if one of the parties to the dispute is either not a contracting member state or a national of a contracting member state. However, most cases are arbitrated under the ICSID Convention. [22] [23] [24] Recourse to ICSID conciliation and arbitration is entirely voluntary. However ...
The ICSID website has published awards for most completed arbitrations, [55] and decisions in investor-state arbitrations outside of ICSID are also publicly available online. On 1 April 2014, the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration entered into force. [56]
The ICSID Convention and ICSID Arbitration Rules are the most commonly-used arbitration rules for the settlement of investment disputes. The Algiers Declaration of 1981 established the Iran-US Claims Tribunal to adjudicate claims of American corporations and individuals in relation to expropriated property during the Islamic revolution in Iran ...
International arbitration is an alternative to local court procedures. International arbitration has different rules than domestic arbitration, [6] and has its own non-country-specific standards of ethical conduct. [7] The process may be more limited than typical litigation and forms a hybrid between the common law and civil law legal systems. [8]
Under section 45 of the Arbitration Act 2001, either party or the arbitral tribunal itself may apply to the court to issue a ruling on "any question of law arising in the course of the proceedings which the Court is satisfied substantially affects the rights of one or more of the parties" and under section 49, either party may appeal an ...
Following ZF, in In re Alpene 2022 WL 15497008 (Oct. 27, 2022), the Eastern District of New York held that section 1782 discovery was not available in relation to an investor-State arbitration under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID). The Court found that there was “insufficient support ...
Other advantages of arbitration include the ability to select a neutral forum to resolve disputes, that arbitration awards are final and not ordinarily subject to appeal, the ability to choose flexible procedures for the arbitration, and confidentiality.
The ICSID Review—Foreign Investment Law Journal is a biannual peer-reviewed academic journal covering foreign investment law and international investment dispute settlement. Until 2011 it was published by the Johns Hopkins University Press on behalf of the International Centre for Settlement of Investment Disputes (ICSID), an independent ...