Book contents
- Frontmatter
- Contents
- Foreword – James Crawford
- Preface
- Table of investment cases
- Table of cases of international courts and tribunals
- Table of cases of municipal courts
- Table of appendices
- List of abbreviations
- 1 The juridical foundations of investment treaty arbitration
- 2 Applicable laws
- 3 Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
- 4 Consent to the arbitration of investment disputes
- 5 Investment
- 6 Jurisdiction ratione materiae
- 7 Jurisdiction ratione personae
- 8 Jurisdiction ratione temporis
- 9 The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
- 10 Admissibility: Contractual choice of forum
- 11 Admissibility: Shareholder claims
- 12 Admissibility: Dispositions relating to the legal and beneficial ownership of the investment
- 13 Admissibility: Denial of Benefits
- Appendices
- 1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
- 2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- 3 North American Free Trade Agreement (1992) – NAFTA (excerpts)
- 4 Energy Charter Treaty (1994) (excerpts)
- 5 China Model BIT (1997)
- 6 France Model BIT (2006)
- 7 Germany Model BIT (2005)
- 8 Netherlands Model BIT (1997)
- 9 Turkey Model BIT (2000)
- 10 United Kingdom Model BIT (2005, with 2006 amendments)
- 11 United States of America Model BIT (2004)
- Index
1 - Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
Published online by Cambridge University Press: 13 January 2010
- Frontmatter
- Contents
- Foreword – James Crawford
- Preface
- Table of investment cases
- Table of cases of international courts and tribunals
- Table of cases of municipal courts
- Table of appendices
- List of abbreviations
- 1 The juridical foundations of investment treaty arbitration
- 2 Applicable laws
- 3 Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration
- 4 Consent to the arbitration of investment disputes
- 5 Investment
- 6 Jurisdiction ratione materiae
- 7 Jurisdiction ratione personae
- 8 Jurisdiction ratione temporis
- 9 The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal
- 10 Admissibility: Contractual choice of forum
- 11 Admissibility: Shareholder claims
- 12 Admissibility: Dispositions relating to the legal and beneficial ownership of the investment
- 13 Admissibility: Denial of Benefits
- Appendices
- 1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965) – ICSID (excerpts)
- 2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
- 3 North American Free Trade Agreement (1992) – NAFTA (excerpts)
- 4 Energy Charter Treaty (1994) (excerpts)
- 5 China Model BIT (1997)
- 6 France Model BIT (2006)
- 7 Germany Model BIT (2005)
- 8 Netherlands Model BIT (1997)
- 9 Turkey Model BIT (2000)
- 10 United Kingdom Model BIT (2005, with 2006 amendments)
- 11 United States of America Model BIT (2004)
- Index
Summary
Preamble
The Contracting States
Considering the need for international cooperation for economic development, and the role of private international investment therein;
Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States;
Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases;
Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire;
Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development;
Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and
Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration,
Have agreed as follows: […]
Chapter II Jurisdiction of the Centre
Article 25
(1) The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.
[…]
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- The International Law of Investment Claims , pp. 473 - 480Publisher: Cambridge University PressPrint publication year: 2009
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