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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 ...
Also, most ICSID awards, although confidential, are de facto published by consent of the parties. However, many awards under other arbitration rules are not public and, in the case of investor-arbitration at the ICC, there is a requirement for blanket confidentiality for all aspects of a case.
The rules can be further impacted by arbitral rules that may be agreed between the parties. A presumption of confidentiality—whether implied or explicit—exists between the parties to an international commercial arbitration; however, there may be a disconnect between that presumption and the realities of disclosure and publicity imposed by ...
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 ...
The Washington Convention (ICSID) of 1966 for investment arbitration; The UNCITRAL Model Law on International Commercial Arbitration of 1985, (revised in 2006). [44] The UNCITRAL Arbitration Rules (providing a set of rules for an ad hoc arbitration)
The Energy Charter Treaty extends the GATT and later the WTO rules in the energy sector amongst its members. Additionally, the treaty covers the trade of all energy materials (e.g. crude oil , natural gas, wood fuel , etc.), all final energy products (e.g. petroleum, electricity, etc.) and energy-related equipment.
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The distinctive feature of many BITs is that they allow for an alternative dispute resolution mechanism, whereby an investor whose rights under the BIT have been violated could have recourse to international arbitration, often under the auspices of the International Centre for Settlement of Investment Disputes (ICSID), rather than suing the ...