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International Centre for Settlement of Investment Disputes (ICSID), Fourth edition by KRYVOI

International Centre for Settlement of Investment Disputes (ICSID), Fourth edition

By Yarik Kryvoi
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Overview

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities.

No other book gives such a clear, uncomplicated description of the ICSID’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations.

The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, as well as procedural and substantive aspects of ICSID arbitration. Its competence, its financial management, are fully described.

This fourth edition of the monograph has significantly expanded, not only as a result of updating the existing sections but also because of addition of several sections, important for better understanding of the process of dispute resolution such as dealing with evidence and damages, costs and fees. In addition, a separate chapter deals with non-investment obligations in international arbitration related to human rights and environment.

This edition also pays more attention to concerns, expressed by states, investors and the civil society in relation to ICSID and ISDS. These include inconsistent decision-making, high costs of ICSID proceedings, the negative impact on sovereignty, contributing to an imbalance between the Global North and South, limited transparency and access to participation in proceedings by the third parties.

Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound

understanding of the workings of ICSID for all interested parties. Students and teachers of international law will find it especially valuable as the interest in international investment law continues to grow.

Publish Date 09/01/2020
Product Line Kluwer Law International
ISBN 9789403524535
SKU 10057998-0002
Table of Contents

The Author

List of Abbreviations

Preface

Part I. Development and Structure of ICSID

Chapter 1. Introduction

Chapter 2. ICSID and Investor-State Disputes

Chapter 3. The ICSID Convention

Chapter 4. ICSID Institutional Framework

Part II. ICSID Conciliation and Mediation

Chapter 1. ICSID as Facilitator of Mediation and Conciliation

Chapter 2. ICSID Conciliation Mechanism

Chapter 3. Challenges Facing Mediation and Conciliation

Part III. ICSID Arbitration Mechanism

Chapter 1. ICSID Arbitration Mechanism

Chapter 2. Arbitration Tribunal

Chapter 3. Jurisdiction (Competence)

Chapter 4. Parties in ICSID Arbitration

Chapter 5. Evidence in ICSID Arbitration

Chapter 6. Damages in ICSID Arbitration

Chapter 7. ICSID Costs and Fees

Chapter 8. Remedies Against the Award

Chapter 9. Recognition and Enforcement of ICSID Arbitration Awards

Part IV. Applicable Substantive Law in ICSID Disputes

Chapter 1. Choice of Substantive Law

Chapter 2. International Substantive Law

Chapter 3. Applicability of the ILC Articles on State Responsibility

Chapter 4. Principles of International Investment Law

Chapter 5. Non-investment Obligations in ICSID Arbitration

Part V. ICSID in the Global Context

Chapter 1. Concerns Related to ICSID

Chapter 2. ICSID Reform

Part VI. Documents

Selected Bibliography

Index

 

Volumes