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Article 2 - Seat of Centre

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

The Working Paper to the Convention simply foresaw that the seat of the Centre should be at the World Bank's headquarters (History, Vol. I, p. 26). This led to a debate on the desirability of some flexibility in moving the seat and on the best way in which this might be achieved. The possibility of a relocation upon a decision of the Administrative Council was the outcome of this debate (History, Vol. II, pp. 55, 100, 101–103, 113, 115, 118, 121, 122, 127, 248, 250, 297, 313/4, 381/2, 477/8, 544, 559/60, 583, 680–683, 750, 953). The idea to create regional centres was briefly discussed but not pursued (at pp. 248, 379, 680, 683).

The principal office of the International Bank for Reconstruction and Development (the World Bank, the Bank) and hence the seat of the Centre is Washington, D.C. The street address is: 1818 H Street, N.W., Washington, D.C., 20433, U.S.A. No attempt to move the Centre's seat to another place has ever been made.

The seat of the Centre does not necessarily determine the place of conciliation and arbitration proceedings. The parties may, subject to certain limitations and procedures, decide on another place (Art. 63). They have frequently done so in practice. In the absence of other arrangements, proceedings will be held at the seat of the Centre (Art. 62).

Type
Chapter
Information
The ICSID Convention
A Commentary
, pp. 13 - 14
Publisher: Cambridge University Press
Print publication year: 2009

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