The ICSID Convention, Regulations and Rules

'Having gathered writings from over 70 authors, Fouret, Gerbay and Alvarez have created an ICSID Practical Commentary that presents a detailed and exhaustive review of the ICSID Convention, Rules and regulations. Extensive discussion of policy, practice and scholarship makes of this commentary a timely and highly relevant reference work for all the members of the investment arbitration community.' --Gabrielle Kaufmann-Kohler, Professor Emerita at Geneva University Law School, Switzerland'ICSID Practical Commentary is a state of the art work on the present and future of international investment treaty practice under ICSID. This important book should be a required stop for policy-makers, government officials, practitioners and academics concerned with investment treaty practice under ICSID procedures and beyond. This volume is an all-encompassing work as it encapsulates the experience of many knowledgeable members of the arbitration community.' --George A. Bermann, Columbia University, School of Law, US 'This comprehensive commentary is the first in-depth analysis of both the Washington Convention together with all the regulations and rules applicable in an ICSID Arbitration. With more than 70 authors, including themselves, Julien Fouret, Remy Gerbay and Gloria Alvarez have edited a book which demonstrates their understanding of the system as a whole by proposing a practical and forward-looking analysis of not only what are the rules applicable to date, but also what might be expected in the future.' --Professor Emmanuel Gaillard, Partner and Head of Arbitration Practice, Shearman & Sterling, France

Edited by Julien Fouret, Eversheds Sutherland, Paris, France, Remy Gerbay, Partner Hughes Hubbard & Reed LLP, US and Gloria M. Alvarez, School of Law, University of Aberdeen, UK

Contents: Foreword liv PART I COMMENTARY ON THE CONVENTION 1 The Preamble of the ICSID Convention 2 1 International Centre for Settlement of Investment Disputes 24 2 Jurisdiction of the Centre 102 3 Conciliation 256 4 Arbitration 271 5 Replacement and Disqualification of Conciliators and Arbitrators 751 6 Cost of Proceedings 777 7 Place of Proceedings 831 8 Disputes Between Contracting States 848 9 Amendment 858 10 Final Provisions 868 PART II COMMENTARY ON ADMINISTRATIVE AND FINANCIAL REGULATIONS 911 11 ICSID Administrative and Financial Regulations 912 12 Procedures of the Administrative Council 915 13 The Secretariat 925 14 Financial Provisions 930 15 General Functions of the Secretariat 941 16 Functions with Respect to Individual Proceedings 947 17 Special Provisions Relating to Proceedings 955 18 Immunities and Privileges 959 19 Miscellaneous 962 PART III COMMENTARY ON RULES OF PROCEDURE FOR THE INSTITUTION OF CONCILIATION AND ARBITRATION PROCEEDINGS (INSTITUTION RULES) 964 20 Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules) 965 PART IV RULES OF PROCEDURE FOR ARBITRATION PROCEEDINGS (ARBITRATION RULES) 977 21 Establishment of the Tribunal 978 22 Working of the Tribunal 1029 23 General Procedural Provisions 1058 24 Written and Oral Procedures 1085 25 Particular Procedures 1139 26 The Award 1225 27 Interpretation, Revision and Annulment of the Award 1270 Select bibliography 1305 Index 1311