Escobar et al, Alejandro A. --- "Arbitration" [2019] ELECD 3021; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 271

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: Arbitration

Author(s): Escobar et al, Alejandro A.

Number of pages: 480

Extract:

4
ARBITRATION



SECTION 1 REQUEST FOR ARBITRATION

ARTICLE 36

Alejandro A. Escobar1

Any Contracting State or any national of a Contracting State wishing to institute
arbitration proceedings shall address a request to that effect in writing to the Secre-
tary-General who shall send a copy of the request to the other party.

The request shall contain information concerning the issues in dispute, the identity
of the parties and their consent to arbitration in accordance with the rules of proce-
dure for the institution of conciliation and arbitration proceedings.

The Secretary-General shall register the request unless he finds, on the basis of the
information contained in the request, that the dispute is manifestly outside the ju-
risdiction of the Centre. He shall forthwith notify the parties of registration or re-
fusal to register.



1. INTRODUCTORY REMARKS

A. Initiation of arbitration proceedings

International arbitration, including arbitration under the ICSID Convention, is a le- 4.01
gally binding form of dispute settlement.2 Based on certain premises, the parties to an
arbitration proceeding, including parties to an arbitration proceeding under the ICSID


1 The author of this commentary wishes to acknowledge the invaluable assistance of Dr Ernesto Feliz de Jesús, Associate,
Baker Botts (UK) LLP. All shortcomings are the author's alone.
2 IBRD, Report of the Executive Directors on the Convention on the Settlement of Investment Disputes between States and
Nationals of Other States (18 March 1965) para. 37.


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 Chapter 4 ARBITRATION


Convention, are legally bound to comply ...