We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from CHAPTER I - International Centre for Settlement of Investment Disputes
Published online by Cambridge University Press: 07 September 2010
All drafts of the Convention provided for the Centre's immunity from all legal process (History, Vol. I, pp. 92, 94). It was explained that the immunity of other international organizations served as a model and that the slightly different situation of the World Bank was due to the Bank's international borrowing activities (History, Vol. II, pp. 147, 391, 491, 741).
Because of the Centre's broad jurisdictional immunity any lawsuits by disappointed parties to ICSID arbitration are ineffective. This may have been the reason why an unsuccessful claimant in an ICSID case tried to sue the World Bank which does not enjoy an equally broad immunity from legal process (see Art. 18, para. 6).
The possibility of a waiver of the Centre's immunity was added to the text after a brief discussion (History, Vol. II, pp. 724, 741). There was a formal declaration to the effect that the Centre would not invoke its immunity in the case of counterclaims directly connected with the principal claim in proceedings instituted by the Centre (at pp. 741, 748, 935).
Art. 20 is analogous to Sec. 2 of the Convention on the Privileges and Immunities of the United Nations and Sec. 4 of the Convention on the Privileges and Immunities of the Specialized Agencies.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
