cover image: ICSID: Uniform Settlement of International Investment Disputes Act  Comment:

20.500.12592/v4t1f0

ICSID: Uniform Settlement of International Investment Disputes Act Comment:

26 Aug 2021

The purpose of this Act is to implement the provisions of the Convention concerning the jurisdiction and powers of the [name of court] with respect to the recognition and enforcement of awards. [...] Article 39 The majority of the arbitrators shall be nationals of States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties. [...] None of the members of the Committee shall have been a member of the Tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same. [...] Article 61 (l) In the case of conciliation proceedings the fees and expenses of members of the Commission as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties. [...] (2) In the case of arbitration proceedings the Tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid.

Authors

Karen Ortizo

Pages
39
Published in
Canada

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