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from CHAPTER I - International Centre for Settlement of Investment Disputes
Published online by Cambridge University Press: 07 September 2010
Designation by Contracting States
All drafts leading to the Convention provided for the designation of Panel members by States parties to the Convention (History, Vol. I, pp. 68, 70; Vol. II, pp. 143, 753). Other more complicated models, such as the election of Panel members, were not pursued (History, Vol. II, pp. 145, 386). A discussion about the number of persons to be designated resulted in a compromise of four per State (at pp. 253, 318, 387, 561, 727).
Designations are to be notified to the Secretary-General. The exact details of the designation process are set out in Administrative and Financial Regulation 21 (see Art. 16, para. 4).
The wording of Art. 13(1) indicates that the designation of Panel members is a right rather than a duty. But a workable Panel depends on States exercising this right. The Secretariat reminds States party to the Convention of this right before a designation falls due and at periodic intervals thereafter if no designation has been made. The list of members of the Panels (see Art. 12, para. 6) in its version of August 2008 indicates that of 143 States parties to the Convention, 98 had availed themselves of the right to make designations.
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