A Guide to the World Bank

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A Guide to the World Bank

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Box 1.7 ICSID Basic Facts

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Year established: Number of member countries: Total cases registered: Fiscal 2010 cases registered: Web:

1966 147 319 27 http://www.worldbank.org/icsid/

Source: ICSID.

World Bank’s president and consists of one representative of each state that has ratified the ICSID convention. Annual meetings of the Administrative Council are held in conjunction with the joint Annual Meetings of the Bank Group and the IMF. Although ICSID is an autonomous international organization, it has close links with the World Bank, and all ICSID members are also members of the Bank. Unless a government makes a contrary designation, its gov­ ernor for the Bank sits ex officio on ICSID’s Administrative Council. The expenses of the ICSID Secretariat are financed through the Bank’s budget, although the parties involved bear the costs of individual proceedings. ICSID provides three types of services: n Facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. Recourse to ICSID conciliation and arbitration is entirely voluntary; how­ ever, after the parties have consented to arbitration under the ICSID con­ vention, neither can unilaterally withdraw its consent. Moreover, the ICSID convention requires all ICSID contracting states, whether they are par­ ties to the dispute or not, to recognize and enforce ICSID arbitral awards. n Certain types of proceedings between states and foreign nationals that fall outside the scope of the ICSID convention. These proceedings include concili­ ation and arbitration proceedings when either the state party or the home state of the foreign national is not a member of ICSID. “Additional facility” conciliation and arbitration are also available for cases in which the dis­ pute is not an investment dispute, provided that it relates to a transaction that has features that distinguish it from an ordinary commercial trans­ action. The additional facility rules further allow ICSID to administer a


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