dissertation synopsis
Dissertation Title
Examining the Effectiveness of the ICSID (International Centre for Settlement in Investment disputes): comme ci comme ça?
Internal Mentor :
Mr.Sujith.P.Surendran
Asst.Professor
UPES
Industry Mentor:
Ms.Anuradha R.V
Partner,Clarus Law Associates
Submitted By:
A.K.Shivsulabh. Nambiar
BBA.LL.B (Hons.) With Specialization in Corporate Laws,
Semester IX, 5th Year
2009 - 2014 Batch
College of Legal Studies
University of Petroleum & Energy Studies (UPES), Dehradun
I. Introduction
The following research thesis aims to effectively trace the evolution and emergence of institutional arbitration in the realm of international commercial arbitration through an analysis of the International Centre for Settlement of Investment Disputes1 by fundamentally examining its statutory composition, inception and subsequently analysing recent arbitral awards and institutional practices to derive a conclusion which would highlight the efficiency of the abovementioned organization from the perspective of a developing country.
The emergence of the ICSID can be traced in the early 1960s this era was characterized by a wave of take overs, high intensity capital based investment in regions such as Africa, Asia etc. It is during this time span that the eminent need was felt by foreign investors to develop a a mechanism to govern disputes in foreign countries and also to ensure that rules and practices of international investment are standardized. This ultimately led to the establishment of the International Centre for Settlement of Investment Disputes. The relevance of the subject can be best assessed by examining holistically the various considerations involved with respect to the functioning of this institution such as the non description of the term ‘investment’ in its governing statute2, the scope of access to the ICSID by non signatory countries to the convention but member countries of the WTO3, the process of annulment of an award etc4.
Examining the Effectiveness of the ICSID (International Centre for Settlement in Investment disputes): comme ci comme ça?
Internal Mentor :
Mr.Sujith.P.Surendran
Asst.Professor
UPES
Industry Mentor:
Ms.Anuradha R.V
Partner,Clarus Law Associates
Submitted By:
A.K.Shivsulabh. Nambiar
BBA.LL.B (Hons.) With Specialization in Corporate Laws,
Semester IX, 5th Year
2009 - 2014 Batch
College of Legal Studies
University of Petroleum & Energy Studies (UPES), Dehradun
I. Introduction
The following research thesis aims to effectively trace the evolution and emergence of institutional arbitration in the realm of international commercial arbitration through an analysis of the International Centre for Settlement of Investment Disputes1 by fundamentally examining its statutory composition, inception and subsequently analysing recent arbitral awards and institutional practices to derive a conclusion which would highlight the efficiency of the abovementioned organization from the perspective of a developing country.
The emergence of the ICSID can be traced in the early 1960s this era was characterized by a wave of take overs, high intensity capital based investment in regions such as Africa, Asia etc. It is during this time span that the eminent need was felt by foreign investors to develop a a mechanism to govern disputes in foreign countries and also to ensure that rules and practices of international investment are standardized. This ultimately led to the establishment of the International Centre for Settlement of Investment Disputes. The relevance of the subject can be best assessed by examining holistically the various considerations involved with respect to the functioning of this institution such as the non description of the term ‘investment’ in its governing statute2, the scope of access to the ICSID by non signatory countries to the convention but member countries of the WTO3, the process of annulment of an award etc4.