The ICSID Rule on Early Dismissal of Unmeritorious Investment Treaty Claims: Preserving the Integrity of ICSID Arbitration

22 Pages Posted: 6 Jun 2012 Last revised: 8 Mar 2013

See all articles by Eric De Brabandere

Eric De Brabandere

Leiden University - Grotius Centre for International Legal Studies

Date Written: 2012

Abstract

International investment arbitration has grown substantially, but has also increasingly been the subject of criticism, inter alia because arbitration conducted under the auspices of ICSID did not provide for any mechanism to monitor claims that are manifestly without legal merit. In 2006, ICSID introduced Rule 41(5) in its Arbitration Rules in order to counter the submission of claims which are patently unmeritorious. Although the objective of Rule 41 (5) is not explicitly aimed at targeting claims that constitute an ‘abuse of process’, it is likely that the rule will prevent, or at least offer an adequate procedure to assess the submission of such claims at an early stage. This article analyzes the rationale and drafting history of Rule 41(5), the four recent decisions which have applied the new rule, and the role of the rule in preventing abuses of international arbitral procedures.

Keywords: investment law, international investment arbitration, ICSID, jurisdicition, unmeritious claims

Suggested Citation

De Brabandere, Eric, The ICSID Rule on Early Dismissal of Unmeritorious Investment Treaty Claims: Preserving the Integrity of ICSID Arbitration (2012). Manchester Journal of International Economic Law, Vol. 9, No. 1, pp. 23-44, 2012. Available at SSRN: https://ssrn.com/abstract=2078363

Eric De Brabandere (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands
+31 71 527 7399 (Phone)
+31 71 527 7509 (Fax)

HOME PAGE: http://www.law.leiden.edu/organisation/publiclaw/publicinternationallaw/staff/eric-de-brabandere-.ht

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