YJIL ICSID Conference
In recent years, however, the ICSID framework has come under criticism from a number of angles, perhaps the most acute being controversy over its distinctive review and annulment procedure. Originally intended to be an “extraordinary remedy,” the Article 52 procedure has almost become a staple of the arbitral process. Moreover, the precise function of the procedure and its scope appears to be conceived very differently in many of the decisions of ad hoc Committees. Some have suggested that the uncertainty introduced by the application of Article 52 is undermining the finality of ICSID awards and the attractiveness of ICSID arbitration itself, in competition with other arbitral institutions available for managing international investment disputes.
This conference, cosponsored by the Yale Journal of International Law and the American Society of International Law, will bring together leading academics and practitioners who have played central roles in the drama of Article 52 to appraise recent cases and to consider whether any adjustments to the review procedure ought to be introduced.
YJIL thanks The Goldman Fund for International Initiatives for making this conference possible.
Transnational Dispute Management (TDM, ISSN 1875-4120) is a comprehensive and innovative information service on the management of international disputes, with a focus on the rapidly evolving area of investment arbitration, but also in other significant areas of international investment (such as oil, gas, energy, infrastructure, mining, utilities etc).
It deals both with formal adjudicatory procedures (mainly investment and commercial arbitration), but also mediation/ADR methods, negotiation and managerial ways to manage transnational disputes efficiently.
Further details will be provided on this page in the coming weeks.