Book contents
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- Article 28 Request for Conciliation
- Article 29 Composition of Commission
- Article 30 Appointment by Chairman
- Article 31 Qualities of Conciliators
- Article 32 Decision on Jurisdiction
- Article 33 Rules on Procedure
- Article 34 Conciliation Proceedings and Report
- Article 35 Non-Invocation in Subsequent Proceedings
- CHAPTER IV Arbitration
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Article 30 - Appointment by Chairman
from CHAPTER III - Conciliation
Published online by Cambridge University Press: 07 September 2010
- Frontmatter
- Contents
- Foreword by Professor Sir Elihu Lauterpacht, CBE, QC
- Authors' preface to the second edition
- Table of cases
- List of abbreviations
- Text of the ICSID Convention
- Procedural calendar
- PREAMBLE
- CHAPTER I International Centre for Settlement of Investment Disputes
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- Article 28 Request for Conciliation
- Article 29 Composition of Commission
- Article 30 Appointment by Chairman
- Article 31 Qualities of Conciliators
- Article 32 Decision on Jurisdiction
- Article 33 Rules on Procedure
- Article 34 Conciliation Proceedings and Report
- Article 35 Non-Invocation in Subsequent Proceedings
- CHAPTER IV Arbitration
- CHAPTER V Replacement and Disqualification of Conciliators and Arbitrators
- CHAPTER VI Cost of Proceedings
- CHAPTER VII Place of Proceedings
- CHAPTER VIII Disputes between Contracting States
- CHAPTER IX Amendment
- CHAPTER X Final Provisions
- Final Clause
- Consolidated bibliography
- Index by article
- Index by subject
Summary
Art. 30 is designed to safeguard the constitution of a conciliation commission in the absence of timely appointments by the parties, through appointments by the Chairman (Art. 5). Art. 30 is substantively identical to the first sentence of Art. 38, its counterpart in the Chapter on Arbitration. The only difference is the substitution of “Commission” for “Tribunal” and “conciliator or conciliators” for “arbitrator or arbitrators” as well as the reference to Art. 28 rather than 36. The second sentence of Art. 38, dealing with the nationality of arbitrators appointed by the Chairman, is not reflected in Art. 30 or elsewhere in the Chapter on Conciliation (see Art. 29, para. 5).
All drafts to Art. 30 were substantively identical to the parallel drafts to the first sentence of Art. 38 (History, Vol. I, pp. 148, 150, 180, 182). The debates on what became Art. 30 (History, Vol. II, pp. 152/3, 262/3, 412/3, 783, 790/1, 1035) did not lead to any differentiations in the text. There were doubts about the usefulness of the appointment of conciliators by the Chairman since conciliation was a strictly voluntary matter and a refusal by one party to appoint a conciliator was bound to lead to the failure of the conciliation effort.
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 436 - 437Publisher: Cambridge University PressPrint publication year: 2009