The ICSID Conciliation Rules in Practice

Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 2018)

21 Pages Posted: 22 Oct 2018

Date Written: March 30, 2018

Abstract

The International Centre for Settlement of Investment Disputes (ICSID) is most known for its arbitration caseload; however, the ICSID Convention and the ICSID Additional Facility Rules also envision the settlement of investment disputes through conciliation proceedings.

This Chapter will provide an overview of the ICSID Conciliation process, from the filing of a request for conciliation, its registration, the constitution of the conciliation commission, the conciliation procedure, and also review the outcomes of ICSID conciliation proceedings to date.

The Chapter will further examine the application of the Conciliation Rules under the ICSID Convention and the ICSID Additional Facility Rules by the respective conciliation commissions, thereby providing an unprecedented review of ICSID conciliation practice. Considering the existing practice, the Chapter will then review the Conciliation Rules and discuss possible amendments to the ICSID conciliation framework. Where suitable, the Chapter will include quantitative analysis of the ICSID conciliation caseload.

The Chapter will further look at the future of the ICSID conciliation procedure, and review the Centre’s activities in the area of investor-State mediation.

Keywords: ICSID, Conciliation, Investment disputes, Mediation, Investor-State dispute settlement

Suggested Citation

Nitschke, Frauke, The ICSID Conciliation Rules in Practice (March 30, 2018). Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 2018). Available at SSRN: https://ssrn.com/abstract=3257031

Frauke Nitschke (Contact Author)

ICSID ( email )

1818 H Street NW
MSN J2-200
Washington, DC 20433
United States

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