Intoduction
Written submissions are a critical means of presenting evidence before an arbitral tribunal. The International Centre for Settlement of Investment Disputes (ICSID) has established its own set of rules for the conduct of arbitration proceedings, including the submission of written evidence. In this article, we will discuss the importance of written submissions in ICSID arbitration and the rules that govern them.
What is ICSID arbitration?
ICSID arbitration is a process used to resolve investment disputes between investors and host states. ICSID was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The convention was created to promote international investment by providing a framework for resolving disputes that may arise between investors and host states.
ICSID arbitration is a form of international arbitration that is conducted under the auspices of the International Centre for Settlement of Investment Disputes. It is a neutral forum that provides investors with a fair and impartial process for resolving disputes.
Importance of Written Submissions in ICSID Arbitration
Written submissions are a critical means of presenting evidence before an arbitral tribunal in ICSID arbitration. They allow parties to present their case in a clear and concise manner and provide the tribunal with the necessary information to make an informed decision.
Written submissions can also help parties to organize their arguments and focus their presentation of evidence. They allow parties to highlight key facts and legal arguments and to provide the tribunal with a clear understanding of the issues at stake in the case.
Rules Governing Written Submissions in ICSID Arbitration
The ICSID Rules provide detailed guidelines for the submission of written evidence in arbitration proceedings. According to Rule 23, the parties must submit their written submissions in accordance with a schedule set by the tribunal. The schedule must allow for sufficient time for the parties to prepare and submit their written submissions.
Rule 24 outlines the content requirements for written submissions. Parties must include a statement of the facts, a statement of the legal issues, and a summary of the relief sought. Written submissions must also include all relevant evidence and legal authorities.
In addition to the content requirements, the ICSID Rules also set out guidelines for the form and format of written submissions. Written submissions must be clear and concise and must conform to the tribunal’s instructions regarding font size, margins, and line spacing.
Now, we will discuss some case laws that demonstrate the importance of written submissions in ICSID arbitration.
-
Continental Casualty Company v. Argentine Republic
In the Continental Casualty Company v. Argentine Republic case, the claimant filed its memorial and witness statements before the arbitral tribunal. The respondent objected to the claimant’s written submissions, arguing that they were incomplete and did not comply with the ICSID Rules.
Tribunal ruled in favor of the claimant, stating that the claimant’s written submissions were sufficient and complied with the ICSID Rules. The tribunal noted that the claimant’s memorial provided a detailed account of the relevant facts and legal arguments and that the claimant’s witness statements supported the factual allegations made in the memorial. The tribunal also noted that the claimant’s written submissions were clear and concise and were presented in a manner that was easy to follow.
-
Mobil Corporation and others v. Bolivarian Republic of Venezuela
In the Mobil Corporation and others v. Bolivarian Republic of Venezuela case, the respondent challenged the admissibility of the claimant’s written submissions, arguing that they were incomplete and did not comply with the ICSID Rules.
The tribunal ruled in favor of the claimant, stating that the claimant’s written submissions were admissible and complied with the ICSID Rules. The tribunal noted that the claimant’s written submissions were comprehensive and provided a detailed account of the relevant facts and legal arguments.
-
EDF International S.A. v. Argentine Republic
In the EDF International S.A. v. Argentine Republic case, the claimant submitted its written submissions and supporting evidence before the arbitral tribunal. The respondent objected to the claimant’s written submissions, arguing that they were incomplete and did not comply with the ICSID Rules.
Conclusion
The case laws discussed above demonstrate the importance of written submissions in ICSID arbitration. Parties can use written submissions to present their case in a clear and concise manner and provide the tribunal with the necessary information to make an informed decision. The ICSID Rules provide detailed guidelines for the submission of written evidence, including content requirements and guidelines for form and format. Parties must carefully follow these guidelines to ensure that their written submissions are effective and persuasive.