Journal Article

The Interpretation of Consent to ICSID Arbitration Contained in Domestic Investment Laws

Michele Potestà

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 27, issue 2, pages 149-170
Published in print June 2011 | ISSN: 0957-0411
Published online September 2014 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbitration/27.2.149
The Interpretation of Consent to ICSID Arbitration Contained in Domestic Investment Laws

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Consent to ICSID jurisdiction may be given in different ways. One option is for the host state to offer its consent to ICSID by way of its national legislation. The aim of this article is to discuss how a domestic provision granting jurisdiction to ICSID ought to be interpreted. The article first describes the requirements for consent to ICSID arbitration and examines the specific challenges posed by domestic law clauses that grant jurisdiction to ICSID. It then analyses consent clauses contained in investment laws of several states, with reference to relevant arbitral decisions. Finally, it turns to the issue of interpretation of such consent clauses. In this regard, the article discusses the possible role that the IDC ‘Guiding Principles’ on unilateral declarations of states of 2006 might play in interpreting domestic provisions containing an offer to arbitrate before ICSID.

Journal Article.  12091 words. 

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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