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
- Article 1 Establishment of Centre
- Article 2 Seat of Centre
- Article 3 Organization of Centre
- Article 4 Composition of Administrative Council
- Article 5 Chairman of Administrative Council
- Article 6 Functions of Administrative Council
- Article 7 Decisions of Administrative Council
- Article 8 No Remuneration for Members
- Article 9 Composition of Secretariat
- Article 10 Secretary-General and Deputy Secretary-General
- Article 11 Functions of Secretary-General
- Article 12 Panels of Conciliators and Arbitrators
- Article 13 Designation to Panels
- Article 14 Qualities of Panel Members
- Article 15 Periods of Office of Panel Members
- Article 16 Multiple Designations
- Article 17 Financing
- Article 18 Legal Personality of Centre
- Article 19 Immunities and Privileges of Centre
- Article 20 Immunity from Legal Process
- Article 21 Personal Immunities
- Article 22 Immunities of Parties and Witnesses
- Article 23 Archives and Communications
- Article 24 Tax Exemptions
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- 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 17 - Financing
from CHAPTER I - International Centre for Settlement of Investment Disputes
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
- Article 1 Establishment of Centre
- Article 2 Seat of Centre
- Article 3 Organization of Centre
- Article 4 Composition of Administrative Council
- Article 5 Chairman of Administrative Council
- Article 6 Functions of Administrative Council
- Article 7 Decisions of Administrative Council
- Article 8 No Remuneration for Members
- Article 9 Composition of Secretariat
- Article 10 Secretary-General and Deputy Secretary-General
- Article 11 Functions of Secretary-General
- Article 12 Panels of Conciliators and Arbitrators
- Article 13 Designation to Panels
- Article 14 Qualities of Panel Members
- Article 15 Periods of Office of Panel Members
- Article 16 Multiple Designations
- Article 17 Financing
- Article 18 Legal Personality of Centre
- Article 19 Immunities and Privileges of Centre
- Article 20 Immunity from Legal Process
- Article 21 Personal Immunities
- Article 22 Immunities of Parties and Witnesses
- Article 23 Archives and Communications
- Article 24 Tax Exemptions
- CHAPTER II Jurisdiction of the Centre
- CHAPTER III Conciliation
- 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. 17 deals with the Centre's administrative expenditures. The cost of individual conciliation and arbitration proceedings are to be borne by the parties to these proceedings in accordance with Arts. 60 and 61.
All drafts leading to the Convention reflected the basic concept for the Centre's financing contained in Art. 17 (History, Vol. I, pp. 86, 88). In the deliberations on what became Art. 17, the overwhelming majority of opinions favoured a financing of the Centre's administrative costs by the World Bank (History, Vol. II, pp. 90, 92, 114, 116, 121, 128, 146, 254, 319, 381/2, 388, 483, 490, 544, 562, 651/2, 660, 733, 735/6). But a preference for the expenses to be borne at least partially by Contracting States to the Convention was expressed by other delegates. This was also designed to assure the financial participation of non-Members of the Bank who might ratify the Convention (at pp. 56, 100, 115, 122, 123, 128, 176/7, 722).
The phrase “or out of other receipts” was contained in all drafts to the Convention (History, Vol. I, pp. 86, 88). This was meant as a reference to the possibility that the World Bank might finance the costs of the Centre (History, Vol. II, pp. 146, 254, 319, 733, 971). Mr. Broches explained that the purpose of having the World Bank underwrite the Centre's administrative costs was “to avoid excessive administrative complexity while insulating the Center from the effects of delay by Contracting States in paying their contributions” (at p. 490).
- Type
- Chapter
- Information
- The ICSID ConventionA Commentary, pp. 56 - 57Publisher: Cambridge University PressPrint publication year: 2009