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MASS CLAIMS UNDER ICSID

Wroclaw Review of Law, Administration & Economics

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Title MASS CLAIMS UNDER ICSID
 
Creator Szczudlik, Katarzyna Barbara
 
Description This paper gives a systematic overview of procedural legal issues that may arise in the course of arbitrating mass claims under the ICSID Convention. First, it provides a brief description of the legal framework for mass claims in both national law and international arbitration. This chapter outlines problems related to mass claims and solutions that were applied in selected fora. Second, this article analyses the ICSID Convention and ICSID Arbitration Rules, describes the jurisdictional requirements they impose and the meaning of admissibility, and presents how ICSID tribunals have ruled in recent awards involving multiple claimants. Finally, it assesses the methods of addressing key jurisdictional, procedural and policy issues which were presented in those ICSID arbitral awards. It also tries to answer the question of whether the ICSID system is well-suited for handling mass claims disputes. The main purpose of this paper is to indicate and critically comment on the most controversial parts of the arbitral decisions in the said ICSID cases, to analyse them in light of the applicable legal framework and to give pointers on how to resolve the underlying problems. The article briefly addresses the most recent decision on jurisdiction and admissibility rendered in Alemanni v Argentina.
 
Publisher University of Wroclaw
 
Contributor —
 
Date 2015-12-22
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
—
 
Format application/pdf
 
Identifier http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/84
 
Source Wroclaw Review of Law, Administration & Economics; Vol 4, No 2 (2014): Issue 2; 70-102
2084-1264
 
Language eng
 
Relation http://wrlae.prawo.uni.wroc.pl/index.php/wrlae/article/view/84/124
 
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