Investor Presentaiton
69
Chamber of Commerce's Court of International Arbitration (Paris).
These institutions can administer arbitrations whether those
arbitrations are "sited" in the State within which they are located or
whether the place of arbitration is elsewhere. A number of IIAs refer
to regional arbitration centres such as the Cairo Regional Centre for
International Commercial Arbitration, the Regional Centre for
Arbitration at Kuala Lumpur and others. Some IIAS refer to
domestic arbitration venues such the Malta Arbitration Centre
(Albania-Malta BIT, 2011). Each of these centres has its own
arbitration rules and offers institutional support for administering
the proceedings (secretarial support, venues and logistics for the
hearings, coordination of the proceedings, etc.).
These arbitration venues and their associated rules, which were
created primarily for use in commercial dispute resolution, have
certain features that distinguish them from the ICSID Convention
and ICSID Additional Facility Rules in particular. They often
contain fairly stringent presumptions about confidentiality. They
often maintain rosters of arbitrators, some with very wide-ranging
qualifications, but usually those arbitrators are not chosen due to
their expertise in public international law or investment law in
particular. Arbitral awards may be reviewed and potentially set aside
by the competent domestic court at the seat of arbitration.
Recognition and enforcement of arbitral awards is carried out
through national courts, usually in accordance with the New York
Convention on the Recognition and Enforcement of Foreign Arbitral
Awards.
2. ICSID and UNCITRAL: a brief comparison
The ICSID and UNCITRAL Rules are similar in many respects.
Thus, the practical differences between an ICSID proceeding and an
UNCITRAL proceeding should not be overstated. There is a
significant amount of overlap in the pool of arbitrators who preside
over the proceedings, and each set of rules grants significant
UNCTAD Series on International Investment Agreements IIView entire presentation