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Model Clauses Recording Consent to the Jurisdiction of the International Centre for Settlement of Investment Disputes*

Published online by Cambridge University Press:  04 April 2017

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Type
Other Documents
Information
International Legal Materials , Volume 7 , Issue 5 , September 1968 , pp. 1159 - 1182
Copyright
Copyright © American Society of International Law 1969

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Footnotes

*

[Reproduced from International Centre for Settlement of Investment Disputes Document ICSID/5.

[The Convention on the Settlement of Investment Disputes between States and Nationals of Other States appears at 4 International Legal Materials 532 (1965). The Provisional Regulations and Rules of the International Centre for Settlement of Investment Disputes appear at 6 International Legal Materials 225 (1967) . The Definitive Regulations and Rules of September 25, 1967, appear at 7 International Legal Materials 351 (1968).]

References

1/ Document ICSID/2.

2/ Ibid; hereinafter the “Report”.

3/ If this alternative is applicable, then a subsidiary clause in the form of IV should also be used.

4/ If a restrictive clause such as XIV or XV is added, the word “all” might have to be qualified or omitted.

5/ This alternative can be used only if the government is also a party to the agreement.

6/ But Rule 2(l)(d)(i) of the Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (the “Institution Rules”— document ICSID/U, Part B) requires that this data be included in the request by which a proceeding is instituted.

7/ Document ICSID/U, Part C.

8/ Ibid, Part D.

9/ See also Introductory Notes D to the Conciliation and to the Arbitration Rules (document ICSID/4, Parts C and D).

10/ Document ICSID/U, Part A.

11/ See also Note B to Arbitration Rule 39 (document ICSIDA, Part D).

12/ Such as the specific arrangements provided for in paragraphs 3 and h of the Memorandum of General Arrangements between the Permanent Court of Arbitration and the Centre (reproduced in ICSID Second Annual Report 1967/1968).