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Tabet, Sylvie --- "Disputes Between Contracting States" [2019] ELECD 3025; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 848

Book Title: The ICSID Convention, Regulations and Rules

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

Publisher: Edward Elgar Publishing

Section: Chapter 8

Section Title: Disputes Between Contracting States

Author(s): Tabet, Sylvie

Number of pages: 10

Extract:

8
DISPUTES BETWEEN CONTRACTING
STATES
Sylvie Tabet




ARTICLE 64

Any dispute arising between Contracting States concerning the interpretation or
application of this Convention which is not settled by negotiation shall be referred
to the International Court of Justice by the application of any party to such dispute,
unless the States concerned agree to another method of settlement.



1. INTRODUCTION

8.01 Article 64 provides a mechanism for the resolution of disputes between States party to
the Convention. It establishes the compulsory jurisdiction of the International Court
of Justice (ICJ) with respect to disputes regarding the interpretation and application
of the Convention.1 A party may apply to the ICJ to decide such a dispute. No further
agreement between the States parties to a dispute is required to establish the ICJ juris-
diction over these disputes.2

8.02 Although broadly worded to encompass all disputes that could arise under the Con-
vention, as demonstrated below, the scope of Article 64 has generally been interpreted
more narrowly, in light of the other provisions of the Convention and the intentions of
the Contracting Parties reflected in the ICSID negotiating history, in particular in the
report of the Executive Directors to the Convention.


1 Provisions such as Article 64 are typical in constituent instruments of international organizations. Many international
treaties creating international organizations contain a clause compromissoire providing for the settlement of disputes,
arising from the treaty, through a reference to the International Court of Justice (ICJ).
2 Under Article 36, paragraph 1 ...


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