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
- Article 1 Establishment of Centre
- Article 2 Seat of Centre
- Article 3 Organization of Centre
- Article 4 Composition of Administrative Council
- Article 5 Chairman of Administrative Council
- Article 6 Functions of Administrative Council
- Article 7 Decisions of Administrative Council
- Article 8 No Remuneration for Members
- Article 9 Composition of Secretariat
- Article 10 Secretary-General and Deputy Secretary-General
- Article 11 Functions of Secretary-General
- Article 12 Panels of Conciliators and Arbitrators
- Article 13 Designation to Panels
- Article 14 Qualities of Panel Members
- Article 15 Periods of Office of Panel Members
- Article 16 Multiple Designations
- Article 17 Financing
- Article 18 Legal Personality of Centre
- Article 19 Immunities and Privileges of Centre
- Article 20 Immunity from Legal Process
- Article 21 Personal Immunities
- Article 22 Immunities of Parties and Witnesses
- Article 23 Archives and Communications
- Article 24 Tax Exemptions
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- 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 5 - Chairman of Administrative Council
from CHAPTER I - International Centre for Settlement of Investment Disputes
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
- Article 1 Establishment of Centre
- Article 2 Seat of Centre
- Article 3 Organization of Centre
- Article 4 Composition of Administrative Council
- Article 5 Chairman of Administrative Council
- Article 6 Functions of Administrative Council
- Article 7 Decisions of Administrative Council
- Article 8 No Remuneration for Members
- Article 9 Composition of Secretariat
- Article 10 Secretary-General and Deputy Secretary-General
- Article 11 Functions of Secretary-General
- Article 12 Panels of Conciliators and Arbitrators
- Article 13 Designation to Panels
- Article 14 Qualities of Panel Members
- Article 15 Periods of Office of Panel Members
- Article 16 Multiple Designations
- Article 17 Financing
- Article 18 Legal Personality of Centre
- Article 19 Immunities and Privileges of Centre
- Article 20 Immunity from Legal Process
- Article 21 Personal Immunities
- Article 22 Immunities of Parties and Witnesses
- Article 23 Archives and Communications
- Article 24 Tax Exemptions
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- 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
The Working Paper, the earliest draft to the Convention, provided that the World Bank's President would be the President of the Centre. After some debate, this position was changed to Chairman of the Administrative Council (History, Vol. I, pp. 34, 36; Vol. II, pp. 55/6, 118/9, 122/3). There was some opposition to linking the two offices and suggestions were made to provide for the separate election of the Chairman (at pp. 55/6, 315/6, 381, 482, 560, 691). But the majority of delegates supported the solution whereby the World Bank's President would be ex officio Chairman of the Administrative Council (at pp. 101, 127, 382, 560, 691). There was also some concern about the extent of powers that the Chairman would wield (at pp. 111, 119, 122, 123, 248, 294, 316, 382).
A debate on the Chairman's right to vote led to the solution eventually adopted (History, Vol. I, pp. 34, 36; Vol. II, pp. 249, 250, 315, 383, 484, 691/2). Under this solution, the Chairman presides over the Administrative Council's meetings but does not participate in the voting.
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 18 - 19Publisher: Cambridge University PressPrint publication year: 2009