Requirements before file under ICSID
Any Contracting State or any national of a Contracting State
wishing to institute conciliation or arbitration proceedings under
the Convention shall address a request to that effect in writing to
the Secretary-General at the seat of the Centre. The request shall
indicate whether it relates to a conciliation or an arbitration
proceeding. It shall be drawn up in an official language of the
Centre, shall be dated, and shall be signed by the requesting party
or its duly authorized representativ
meaning of international in UNCITRAL
An arbitration is international if:(a) the parties to an
arbitration agreement have, at the time of the conclu-sion of that
agreement, their places of business in different States; or(b) one
of the following places is situated outside the State in whichthe
parties have their places of business:(i)the place of arbitration
if determined in, or pursuant to, thearbitration agreement;(ii) any
place where a substantial part of the obligations of thecommercial
relationship is to be performed or the place withwhich the
subject-matter of the dispute is most closely con-nected; or(c) the
parties have expressly agreed that the subject matter of
thearbitration agreement relates to more than one country.
AD HOC vs Institutionalized arbitration
An institutional arbitration is one in which a specialised
institution intervenes and takes on the role of administering the
arbitration process. Each institution has its own set of rules
which provide a framework for the arbitration, and its own form of
administration to assist in the process.
An ad hoc arbitration is one which is not administered by an
institution such as the ICC, LCIA, DIAC or DIFC. The parties will
therefore have to determine all aspects of the arbitration
themselves - for example, the number of arbitrators, appointing
those arbitrators, the applicable law and the procedure for
conducting the arbitration.
Interim Measure
(1) Unless otherwise agreed by the parties, the arbitral
tribunal may, at therequest of a party, grant interim measures.(2)
An interim measure is any temporary measure, whether in the form
ofan award or in another form, by which, at any time prior to the
issuance ofthe award by which the dispute is finally decided, the
arbitral tribunal ordersa party to:(a) Maintain or restore the
status quo pending determination of thedispute;(b) Take action that
would prevent, or refrain from taking action thatis likely to
cause, current or imminent harm or prejudice to the arbitralprocess
itself;(c) Provide a means of preserving assets out of which a
subsequentaward may be satisfied; or(d) Preserve evidence that may
be relevant and material to the resolu-tion of the dispute.
Jurisdictional vs non jurisdictional settlement
nasa libro. Page 33 chapter 3.
arbitration vs litigation
nasa libro page 49
procedure in UNCITRAL
wala pa.
laws governing the substance of dispute
baka nasa libro.
