Investor Presentaiton
64
INVESTOR-STATE DISPUTE SETTLEMENT: A SEQUEL
Haiti-United Kingdom
BIT (1985)
•
Court of Arbitration of ICC;
UNCITRAL Rules.
Despite this variety, all available international forums can be
categorized into three dispute settlement tracks:
(i)
(ii)
(iii)
ICSID ― a system specifically designed for adjudicating
investor-State disputes;
UNCITRAL Arbitration Rules; and
Venues commonly used for international commercial
arbitration (Arbitration Institute of the Stockholm
Chamber of Commerce (SCC)), Court of Arbitration of
the International Chamber of Commerce (ICC), London
Court of International Arbitration (LCIA), regional/
national arbitration centres).
When a dispute arises, States typically have no influence on the
choice of the arbitral forum/rules since they have given their
advance consent to all of the forums/rules included in the applicable
IIA. The forum is usually chosen by the claimant alone.
52
The ICSID Convention and the UNCITRAL Arbitration Rules
are the two sets of rules which are by far most often mentioned as
possible forums for ISDS. 53 The majority of known investor-State
54
claims have been arbitrated under them. At the end of 2012 there
were a total of 514 known IIA-based claims. Of these, 314 were
filed at ICSID (including cases under the ICSID Additional Facility
Rules) and 131 known cases were filed under the UNCITRAL
52
On consent, see section II.A above.
53 Pohl, Mashigo and Nohen, 2012, pp. 20-21. The survey was based on
1,660 BITs.
54 UNCTAD, 2013a, p. 3.
UNCTAD Series on International Investment Agreements IIView entire presentation