Creating a Better ICSID

In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad.  Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by the need to deal with such fixtures as the petitions of prospective amici, routine attacks on jurisdiction, and seemingly hair-trigger challenges to arbitrators.” I have chosen to replace a piece of the existing treaty-based ICSID with a redesigned portion that I will call the “New Design.”  The New Design will allow ICSID to postpone addressing certain fixtures (like prospective amici and challenges to arbitrators) until there is first a finding of jurisdiction.

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