Book contents
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- Article 28 Request for Conciliation
- Article 29 Composition of Commission
- Article 30 Appointment by Chairman
- Article 31 Qualities of Conciliators
- Article 32 Decision on Jurisdiction
- Article 33 Rules on Procedure
- Article 34 Conciliation Proceedings and Report
- Article 35 Non-Invocation in Subsequent Proceedings
- CHAPTER IV Arbitration
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Article 28 - Request for Conciliation
from CHAPTER III - Conciliation
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- Article 28 Request for Conciliation
- Article 29 Composition of Commission
- Article 30 Appointment by Chairman
- Article 31 Qualities of Conciliators
- Article 32 Decision on Jurisdiction
- Article 33 Rules on Procedure
- Article 34 Conciliation Proceedings and Report
- Article 35 Non-Invocation in Subsequent Proceedings
- CHAPTER IV Arbitration
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Summary
Art. 28 is the first Article in the Convention's Chapter III on Conciliation. Art. 28 is entitled “Request for Conciliation”. Other Articles in Chapter III deal with the “Constitution of the Conciliation Commission” (Arts. 29–31) and “Conciliation Proceedings” (Arts. 32–35).
Art. 28 is substantively identical to Art. 36, its counterpart in the Chapter on Arbitration. The only difference is the substitution of the word “conciliation” for “arbitration” in Art. 28(1) and (2).
All drafts to the Convention leading to Art. 28 were identical to the parallel drafts leading to Art. 36 (History, Vol. I, pp. 140, 142, 144, 170, 172, 174). The two provisions were mostly discussed together (see Art. 36, paras. 10, 19, 23, 30, 44, 48 and 57). The debates on the drafts that became Art. 28 (History, Vol. II, pp. 326/7, 412, 508/9, 568, 790, 946, 982) did not lead to any differentiations in the texts. There were suggestions to treat the institution of conciliation proceedings differently from the institution of arbitration proceedings in view of the more consensual nature of conciliation (at pp. 262/3, 404, 409, 770, 778). It was pointed out that, since conciliation could only take place if both parties cooperated, requests for conciliation should be submitted jointly by both parties (at p. 771). However, in a vote it was decided that the rules for the institution of conciliation proceedings and for arbitration proceedings would be kept identical (at p. 782).
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 431 - 432Publisher: Cambridge University PressPrint publication year: 2009