Investor Presentaiton
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makes arrangements for the hearings, and administers logistical and
financial aspects of the proceedings.
The ICSID Additional Facility Rules can be utilized when either
the host State or the home State of the investor, but not both, is party
to the ICSID Convention. 60 In such a case the ICSID Convention
does not apply to the dispute and ICSID simply serves as an
institution administering the proceedings. The Additional Facility
Rules are very similar to the ICSID Arbitration Rules. However,
there are also important differences: for arbitral awards rendered
under the Additional Facility Rules, there is no recourse to the
ICSID annulment procedure; rather, awards can be challenged in
domestic courts in the place of arbitration and are enforced in
accordance with the New York Convention on the Recognition and
Enforcement of Foreign Arbitral Awards and the ICSID Convention
itself does not apply to the dispute. In these important aspects, the
Additional Facility Rules are no different from the UNCITRAL
Rules.
(ii) UNCITRAL Arbitration Rules
Many IIAS offer arbitration under the UNCITRAL Arbitration
Rules. After ICSID, it is the second-most popular set of rules used
in investor-State arbitrations to date. Proceedings under the
UNCITRAL Rules may, but do not have to, take advantage of
institutional support: for example, many UNCITRAL arbitrations
are administered by the Permanent Court of Arbitration (PCA) in
The Hague, and some are administered by the ICSID Secretariat.
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60 ICSID Additional Facility Rules, Article 2.
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At the end of 2012, the total number of investor-State cases administered
by the PCA under the UNCITRAL Rules was 85, of which 47 were
pending. Of these 85 cases, only 18 were public at the end of 2012. Source:
the PCA International Bureau.
UNCTAD Series on International Investment Agreements IIView entire presentation