This book addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.
Jeffery Commission has particular expertise in international dispute settlement, including commercial arbitration and investment arbitration. He has acted as counsel in arbitration cases under the ICSID, ICSID (AF), UNCITRAL, ICC, LCIA, NAI and ICDR rules and also has extensive experience in advising on public international law and international dispute resolution issues, including treaty drafting and interpretation, the law of state responsibility, international investment law, and designing international arbitration and forum selection agreements. Rahim Moloo is a partner in the New York office of Gibson, Dunn & Crutcher LLP and is a member of the firm's International Arbitration Practice Group. Rahim has extensive experience in international commercial and investor-state arbitrations and arbitration-related litigation. He is an adjunct professor at Columbia Law School, where he teaches an advanced course on international arbitration, and has been co-chair of the American Branch of the International Law Association's Committee on Disputes Involving States.
Show moreThis book addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.
Jeffery Commission has particular expertise in international dispute settlement, including commercial arbitration and investment arbitration. He has acted as counsel in arbitration cases under the ICSID, ICSID (AF), UNCITRAL, ICC, LCIA, NAI and ICDR rules and also has extensive experience in advising on public international law and international dispute resolution issues, including treaty drafting and interpretation, the law of state responsibility, international investment law, and designing international arbitration and forum selection agreements. Rahim Moloo is a partner in the New York office of Gibson, Dunn & Crutcher LLP and is a member of the firm's International Arbitration Practice Group. Rahim has extensive experience in international commercial and investor-state arbitrations and arbitration-related litigation. He is an adjunct professor at Columbia Law School, where he teaches an advanced course on international arbitration, and has been co-chair of the American Branch of the International Law Association's Committee on Disputes Involving States.
Show more1: The Law Applicable to Procedural Issues
2: The First Procedural Order
3: Provisional Measures
4: Challenges to Arbitrators, Counsel, and Experts
5: The Splitting of Issues for Separate Determination
(Bifurcation/Trifurcation)
6: Non-Disputing Party Participation and Transparency
7: Evidentiary Issues
8: Hearing Procedures
9: Other Procedures
10: Statements or Submissions on Costs
11: Post-Award Applications
Appendices
1: Draft Procedural Order No. 1
2: Decisions on Provisional Measures Requests in ICSID and UNCITRAL
Arbitrations
3A: Decisions on Challenges to Arbitrators in ICSID
Arbitrations
3B: Challenges to Arbitrators in UNCITRAL Arbitrations
3C: Challenges to Experts and Counsel in ICSID Arbitrations
4: Decisions and Orders on Bifurcation Requests in ICSID, ICSID
Additional Facility, and UNCITRAL Arbitrations
5A: Non-Disputing Party Participation in ICSID Arbitrations
5B: Non-Disputing Party Participation in UNCITRAL Arbitrations
5C: Non-Disputing State Party Participation in ICSID and UNCITRAL
Arbitrations
6: Extract of Procedural Order Dealing with Evidentiary Matters
7: Redfern Schedule
8A: Decisions on Place of Arbitration in ICSID Additional Facility
and UNCITRAL Arbitrations
8B: Decisions on Manifest Lack of Legal Merit Applications in ICSID
and ICSID Additional Facility Arbitrations
8C: Site Visits in ICSID and UNCITRAL Arbitrations
8D: Tribunal Experts in ICSID and UNCITRAL Arbitrations
8E: Applications for Reconsideration in ICSID and UNCITRAL
Arbitrations
9A: Costs in ICSID and ICSID Additional Facility Arbitrations
9B: Costs in ICSID Annulment Proceedings
9C: Costs in UNCITRAL Arbitrations
10A: Rectification/Correction in ICSID and ICSID Additional
Facility Arbitrations
10B: Supplementary Decisions in ICSID and ICSID Additional Facility
Arbitrations
10C: Interpretation in ICSID and ICSID Additional Facility
Arbitrations
10D: Revision in ICSID Convention Arbitrations
10E: Stays of Enforcement in ICSID Annulment Proceedings
Jeffery Commission has particular expertise in international
dispute settlement, including commercial arbitration and investment
arbitration. He has acted as counsel in arbitration cases under the
ICSID, ICSID (AF), UNCITRAL, ICC, LCIA, NAI and ICDR rules and also
has extensive experience in advising on public international law
and international dispute resolution issues, including treaty
drafting and interpretation, the law of state responsibility,
international
investment law, and designing international arbitration and forum
selection agreements. Rahim Moloo is a partner in the New York
office of Gibson, Dunn & Crutcher LLP and is a member of the
firm's
International Arbitration Practice Group. Rahim has extensive
experience in international commercial and investor-state
arbitrations and arbitration-related litigation. He is an adjunct
professor at Columbia Law School, where he teaches an advanced
course on international arbitration, and has been co-chair of the
American Branch of the International Law Association's Committee on
Disputes Involving States.
[This] treatise provides a comprehensive resource that fills a gap
in academia, resulting in a useful handbook for all arbitration
practitioners. Not only may it be consulted for similar procedural
issues but, with some creativity, it may also serve as a resource
to consult when faced with unforeseen novel procedural challenges
in the future. It truly creates value by integrating its vast
collection of tribunal decisions, provided in the second half of
the book, into nearly every chapter of procedural analysis in the
first half of the book. The two parts of the treatise complement
one another so that the reader has a comprehensive, go-to handbook.
For many offices, this treatise would be a great addition to their
library.
*Carolyn B. Lam and Matthew N. Drossos, White & Case LLP , Journal
of World Investment and Trade*
Books about the substance of foreign investment law - typically
delving into treaty text and associated arbitral jurisprudence -
are plentiful. Rarely encountered, by contrast, are books about the
process of investor-State arbitration, especially the process as
established in practice through the hundreds of investor-State
arbitrations to have occurred over the last 25 years. Procedural
Issues in International Investment Arbitration by Messrs Commission
and Moloo (hereinafter Procedural Issues) therefore is a
distinctive and, as I suggest below, major contribution to the
current literature.
*Jack J Coe, Jr, ICSID Review*
According to the book's preface, the authors were attempting to
produce a work to which arbitrators, academics and students would
be receptive. [...] In this endeavor, the authors have clearly
succeeded. The book will be a wonderful resource for law students
(and their professors), lawyers (both in-house and external) and
arbitrators. It offers a measure of detail about the process that
will promote well-informed expectations and more confident decision
making. Even those who deal regularly with investor-State disputes
will want to own Procedural Issues. The rich source material and
analysis that it assembles can only improve any merely anecdotal
sense of the process.
*Jack J Coe, Jr, ICSID Review*
In sum, this book is another excellent addition to the Oxford
International Arbitration Series providing an up-to-date
practitioner-orientated guide through the intricacies of investment
treaty arbitration procedures. In light of the increasing costs and
time involved in investment arbitration proceedings, a deep
knowledge and understanding of the procedural nuances is very
valuable and can help avoid unnecessary delays and procedural
mistakes to the detriment of a party.
*Prof. Nikos Lavranos, European Investment Law and Arbitration
Review *
Procedural Issues in International Investment Arbitration is a
concise handbook, which is informed by the authors' first-hand
experience with investment disputes and garnished with extensive
footnote references to relevant case law. There is no comparable
step-by-step explanation of the investor-State arbitration process
on the market, and the book deserves a wide readership. Less
experienced counsel or arbitrators will appreciate the book as a
primer to investment arbitration, which, for a legal text, makes
for an astonishingly good cover-to-cover read. Advanced
practitioners will find a competent expert compendium of each step
of the arbitral process. The authors have succeeded in writing an
advanced book that remains highly accessible.
*Dirk Pulkowski, ICC Dispute Resolution Bulletin*
Arbitration practitioners and students will welcome this book,
which is a useful tool and invaluable resource on key procedural
issues.
*Andrea Sesin-Tabarelli, Asian Dispute Review*
The approach of the text, essentially taking readers through the
life cycle of an investment arbitration, makes it all the more
readable and user-friendly. The authors have written a clear,
concise and very helpful treatise that will certainly become a 'go
to' guide for those interested in ISDS.
*Meg Kinnear, Secretary-General, ICSID (From the Foreword)*
This is a genuinely useful book on procedural practice in treaty
arbitration, for counsel and arbitrators alike. I have had my copy
for less than a week, and have already used it for guidance on
three occasions. The appended tables of publicly available
jurisprudence on specific procedural matters are invaluable.
*Lucy Reed, National University of Singapore*
Procedural Issues in International Investment Arbitration is
nurtured with broad practical experience, extensive knowledge of
cases and the literature, and two very sharp minds [...] The books
main advantage, however, is that as a practical guide, it has
immense potential to empower inexperienced investors, lawyers and
government officials [...] This is writing as a means of
empowerment, at a time when it is most needed for the future of
investor-state dispute settlement.
*Professor Nicolas Angelet, Liedekerke Wolters Waelbroeck
Kirkpatrick*
This is an extremely valuable tool for practitioners and academics
alike. It covers the most important procedural issues in
international investment arbitration in a systematic and
comprehensive manner. The extensive tables are a treasure trove of
information on a wide range of questions.
*Christoph Schreuer, zeiler.partners*
Apart from its obvious benefits for practitioners, the book should,
with its impressive array of data, help to inform the public debate
on investment arbitration, which so often focuses on matters of
procedure (such as transparency). The authors are also to be
congratulated for making their discussion of the seemingly dry
topic of procedure an entertaining and thought-provoking read.
*Antonio R. Parra, Honorary Secretary-General, ICCA*
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