Frutos-Peterson, Claudia; Umerov, Marat --- "Immunities and Privileges" [2019] ELECD 3035; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 959

Book Title: The ICSID Convention, Regulations and Rules

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

Publisher: Edward Elgar Publishing

Section: Chapter 18

Section Title: Immunities and Privileges

Author(s): Frutos-Peterson, Claudia; Umerov, Marat

Number of pages: 3

Extract:

18
IMMUNITIES AND PRIVILEGES
Claudia Frutos-Peterson and Marat Umerov1



The ICSID Convention grants certain immunities and privileges to members of the 18.01
Commissions, Tribunals or Committees in order to ensure the effectiveness of its
provisions and the proper functioning of the proceedings. This chapter specifies the
documentation that the Secretariat will facilitate in order for individuals to be able to
identify themselves as travelling on official business under the ICSID Convention. It
also further specifies the waiver of immunities and privileges granted under the ICSID
Convention.




REGULATION 31 ­ CERTIFICATES OF OFFICIAL TRAVEL

The Secretary-General may issue certificates to members of Commissions, Tribu-
nals or Committees, to officers and employees of the Secretariat and to the parties,
agents, counsel, advocates, witnesses and experts appearing in proceedings, indicat-
ing that they are traveling in connection with a proceeding under the Convention.



1. COMMENTARY

Under the ICSID Convention, ICSID staff as well as the parties, their representatives, 18.02
witnesses, experts, and the members of the panels benefit from a functional immu-
nity from legal actions and from `the same immunities from immigration restrictions,
alien registration requirements and national service obligations, the same facilities as
regards exchange restrictions and the same treatment in respect of travelling facilities
as are accorded by Contracting States to the representatives, officials and employees of




1 The views and opinions expressed in this commentary are exclusively the authors' and do not necessarily reflect those of
Curtis, Mallet-Prevost, Colt & Mosle LLP, or its clients. The ...