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Article 11 - Functions of Secretary-General

from CHAPTER I - International Centre for Settlement of Investment Disputes

Published online by Cambridge University Press:  07 September 2010

Christoph H. Schreuer
Affiliation:
Universität Wien, Austria
Loretta Malintoppi
Affiliation:
Eversheds LLP
August Reinisch
Affiliation:
Universität Wien, Austria
Anthony Sinclair
Affiliation:
Allen & Overy LLP, London
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Summary

During the Convention's drafting, there was relatively little general discussion of the Secretary-General's overall powers and functions. All drafts refer to his administrative role and his power to appoint staff (History, Vol. I, pp. 64, 66). His role was described as administrative and advisory rather than judicial (History, Vol. II, pp. 107, 108, 249, 312, 484, 678). His various functions are scattered throughout the Convention and were rarely discussed in concentrated form (at pp. 545, 584). An explicit reference to his power to represent the Centre was added after a short debate (at pp. 697, 724, 753). The Report of the Executive Directors states that the Convention requires the Secretary-General to perform a variety of administrative functions as legal representative, registrar and principal officer of the Centre.

The text of Art. 11 mentions some of the Secretary-General's powers. But it does not exhaust the full range of his or her functions. These functions are regulated in the Convention, in the Administrative and Financial Regulations (AFR), in the Institution Rules (IR), in the Conciliation Rules (CR) and in the Arbitration Rules (AR). These functions may be conveniently described in terms of representation and administration of the Centre, the keeping of records, the function of registrar in proceedings, administrative support in proceedings and public information.

Type
Chapter
Information
The ICSID Convention
A Commentary
, pp. 37 - 42
Publisher: Cambridge University Press
Print publication year: 2009

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