Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Sasson, Monique --- "Place of Proceedings" [2019] ELECD 3024; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 831

Book Title: The ICSID Convention, Regulations and Rules

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

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: Place of Proceedings

Author(s): Sasson, Monique

Number of pages: 17

Extract:

7
PLACE OF PROCEEDINGS




ARTICLE 62

Monique Sasson

Conciliation and arbitration proceedings shall be held at the seat of the Centre ex-
cept as hereinafter provided.



1. COMMENTARY

A. The seat in ICSID proceedings

(a) The concept of place of proceedings in ICSID arbitration
Chapter VII of the ICSID Convention (`Convention') concerns the place of ICSID 7.01
conciliation and arbitration proceedings. Article 62 states the general rule that ICSID
proceedings are held at the seat of the Centre, while Article 63 provides for potential
alternatives to the application of the general rule.

The seat of the Centre pursuant to Article 2 of the Convention, is at the principal office 7.02
of the International Bank for Reconstruction and Development, which is in Washing-
ton DC. The seat may be moved elsewhere by decision of two-thirds of the members of
the Administrative Council.1


1 Antonio Parra, History of the ICSID Convention (2nd edn, OUP 2017) 5. See also History of the ICSID Convention,
Vol. II-2, p. 683 (ac-
cessed 5 March 2018): Broches explained that the `first sentence of Article 2 referred to the "administrative" seat of the
Center. This seat may be moved by a decision of a large majority of the Administrative Council. The question of the
place of proceedings was an entirely independent one. It was subject to the agreement of the parties. Failing an agree-
ment between the parties ...