Potential rule amendments or improvements to the arbitration and conciliation procedures of the International Centre for Settlement of Investment Disputes
This submission was prepared by the International Arbitration Committee of the International Law Section.
The International Law Section has identified a number of areas in which amendments could be made to the ICSID procedures including:
- Develop clear ICSID standards regarding conflict of interest considerations when constituting tribunals;
- The ICSID Secretariat, in consultation with the Chairman of the Administrative Council, should provide guidelines for interpreting Article 57 for the uniform development and consistent application of principles;
- Remove the “automatic suspension” rule for arbitrator challenges;
- Clarify the issue of costs in the context of arbitrator challenges;
- Formally establish a pool of arbitrators to serve solely as ad hoc committee members and exclude those arbitrators from serving as counsel;
- Amend the ICSID Rules to introduce an express "equal treatment" provision;
- Increase the transparency of ISDS proceedings; and
- Introduce a provision that clarifies the test for provisional measures.
You can read the full submission below.