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 31 - Qualities of Conciliators
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. 31 is substantively identical to Art. 40, its counterpart in the Chapter on Arbitration. The only difference is the substitution of “Conciliators” for “Arbitrators” and the reference to Art. 30 rather than to Art. 38.
The drafting of what became Art. 31 was closely parallel to the drafting of Art. 40 (History, Vol. I, pp. 150, 152, 154, 184, 186). In the case of conciliation, the sentiment in favour of maximum flexibility was even stronger including the possibility for the parties to select conciliators from outside the Panel of Conciliators (History, Vol. II, pp. 262, 327, 412/3, 486/7, 510, 569, 783, 791, 938, 955, 960/1, 1038). The requirement that conciliators appointed from outside the 3 Panel possess the same qualities evoked little discussion (at pp. 946, 982/3).
In view of the near identity of Arts. 31 and 40, the provisions of Art. 31 should be read in the light of this Commentary on Art. 40. Most of the observations made on Art. 40 apply mutatis mutandis to the appointment and qualities of conciliators as regulated by Art. 31 (but see Art. 29, para. 4; Art. 40, paras. 18, 25, 28).
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 438Publisher: Cambridge University PressPrint publication year: 2009