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An Introduction to ICSID Process Workshop on ISDS provisions in the EU's International Investment Agreements European Parliament Meg Kinnear ICSID Secretary-General.

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Presentation on theme: "An Introduction to ICSID Process Workshop on ISDS provisions in the EU's International Investment Agreements European Parliament Meg Kinnear ICSID Secretary-General."— Presentation transcript:

1 An Introduction to ICSID Process Workshop on ISDS provisions in the EU's International Investment Agreements European Parliament Meg Kinnear ICSID Secretary-General April 1, © 2011 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

2 ICSIDIBRDIDAIFCMIGA International Centre for Settlement of Investment Disputes MISSION:  Provides facilities for conciliation and arbitration of international investment disputes International Bank for Reconstruction and Development MISSION:  Lends funds to governments of middle and low- income countries International Development Association MISSION:  Provides interest- free loans and grants to governments of poorest countries International Financial Corporation MISSION:  Provides loans, equity and technical assistance to stimulate private sector investment in developing countries Multilateral Investment Guarantee Agency MISSION:  Guarantees for investors in developing countries against non-commercial risk The World Bank Group 2 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

3 ICSID Membership 150 Members 3 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

4 ICSID Proceedings 4 Conciliation Arbitration Convention (Both disputing parties from ICSID Contracting States) Conciliation Arbitration Fact-finding Additional Facility (One disputing party from Contracting States) Case administration under other Rules or Treaties (e.g.: UNCITRAL investment cases; State-to-State cases) Other functions on consent of parties (e.g.: Fact-finding, Mediation) Other (Need not be from Contracting State) © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

5 ICSID Caseload – March 1, 2014 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. 5

6 ICSID Cases by State Party – March 1, 2014 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. 6

7 ICSID Cases by Claimant Nationality – March 1, 2014 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. 7

8 Consent is the Cornerstone of Jurisdiction Sources of Consent: Contracts Investment Laws Bilateral Investment Treaties Multilateral Agreements 8 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

9 9 Conduct of an ICSID Convention Case Arbitration © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

10 Transparency - Procedural Details © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. 10

11 Transparency – Other Provisions Publication of awards Open hearings Amicus Curiae possible Can apply the new UNCITRAL Transparency Rules if treaty requires or parties agree 11 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

12 Disputes Decided By Tribunals – EU MS Respondents - March 1, 2014 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. 12

13 ICSID 1818 H Street, N.W. Washington, D.C USA Tel: + 1 (202) Fax: + 1 (202) or Website: 13 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.


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