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 12 - Panels of Conciliators and Arbitrators
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
Art. 3 of the Convention states that the Centre shall maintain a Panel of Conciliators and a Panel of Arbitrators. Section 4 of the Convention's Chapter I is headed “The Panels”. It consists of Arts. 12–16 and deals with the designation of Panel members, their qualities, their periods of service, the relationship of the two Panels to each other and notification requirements.
The drafts leading to the Convention all contained provisions substantively similar to what eventually became Art. 12 (History, Vol. I, pp. 66, 68). The idea was based on Art. 44 of the Hague Convention for the Pacific Settlement of International Disputes of 1907 establishing the Permanent Court of Arbitration (History, Vol. II, p. 145). Arts. 12–16 of the Convention bear some resemblance to that provision. During the Convention's drafting, the creation of Panels of Conciliators and Arbitrators was never cast into doubt (History, Vol. II, pp. 107, 110, 143, 145, 486/7, 753). But there were extensive debates on the Chairman's right to designate members of Panels (see Art. 13, para 4), the number of persons to be designated (see Art. 13, paras. 1, 4), the qualifications of Panel members (see Art. 14, paras. 2, 3, 5, 9–11), the periods of service on the Panels (see Art. 15, paras. 2, 3, 5, 6) and some modalities of appointment (see Art. 16, paras. 2, 3, 5).
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 43 - 44Publisher: Cambridge University PressPrint publication year: 2009