In this module we are going to look at the rules of procedure that will govern an investor state arbitration, as well as the enforcement of investor state arbitral awards.
Topic 1: Comparison of ICSID and UNCITRAL rules In this topic we are going to compare the rules of procedure under ICSID and the UNCITRAL arbitration rules.
This topic video introduces you to the ICSID arbitration rules and the UNCITRAL arbitration rules, as well as the ICSID Convention and the New York Convention.

EXPLORE bilateral investment treatiesExplore a range of bilateral investment treaties and see whether or not they provide for ICSID arbitrations.REVISIT the Australia – Hong Kong bilateral investment treaty[1993] ATS 30Agreement between the Government of Australia and the Government of Hong Kong for the Promotion and Protection of Investments, signed 15/09/1993, Australian Treaty Series (entered into force
15/10/1993)REVISIT the Australia – Indonesia bilateral investment treaty[1993] ATS 19Agreement between the Government of Australia and the Government of the Republic of Indonesia concerning the Promotion and Protection of Investments, and Exchange of Letters, signed 17/11/1992,
Australian Treaty Series (entered into force 29/07/1993)
READ the Germany – Hong Kong bilateral investment treatyAgreement between the Government of Hong Kong and the Government of the Federal Republic of Germany for the Encouragement and Reciprocal Protection of Investments, signed 31/01/1996, BGBL
Bundesgesetzblatt (entered into force 19/02/1998)
READ the Germany – China bilateral investment treatyAgreement between the People’s Republic of China and the Federal Republic of Germany on the Encouragement and Reciprocal Protection of Investments, signed 01/12/2003, BGBL Bundesgesetzblatt
(entered into force 11/11/2005)
Full list of signatories to ICSID Convention:  https://icsid.worldbank.org/en/Pages/about/Database-of-Member-States.aspxWith these and any other treaties that you would like to view:
Locate the investor state dispute settlement clause and Identify whether the clause provides for an ICSID arbitration or one pursuant to the UNCITRAL arbitration rules. Then:a. In re Australia/ Indonesia note the alternatives depending upon whether the Contracting States are parties to the ICSID Convention;b. in re the BITs with Hong Kong it is worth noting that Hong Kong is not a signatory to the ICSID Convention and China has not extended the territorial application of the Convention to Hong
Kong in the way that it has for the New York Convention.
COMPARE arbitration rule provisionsNow review the ICSID Arbitration Rules (at the end of the Convention: ICSID CONVENTION_2006 CRR_English-final(1).pdf ) and UNCITRAL arbitration rules and compare provisions regarding:
• Appointment of arbitrators ICSID rules 1-4 and UNCITRAL articles 7 -10: how is the procedure different under the two sets of rules where parties have not agreed on the number of
arbitrators?
• Where agreement cannot be reached regarding appointment of arbitrators, there are provisions in both sets of rule for appointment by a ‘third party’ – in each case, what is that ‘third
party’?
• What are the grounds for disqualification under the two sets of rules?
• Which set of rules are more prescriptive in terms of the written and oral procedure? (See Chapter IV ICSID rules and articles 20-25 and 28 UNCITRAL rules).
• In relation to the applicable law (for the tribunal to apply to the substantive dispute) see article 42 of the ICSID convention and compare this to article 35 UNCITRAL rules.
READ International Centre for Settlement of Investment DisputesThis will give you an overview of procedures in ICSID arbitrations, including with regard to enforcement which will be discussed in part three of the lecture for this module.
READ pages 85 – 94 of Chapter 3Carolyn Lamm, Chiara Giorgetti and Mairee Uran-Bidegain ‘International Centre for Settlement of Investment Disputes’ in Chiara Giorgetti (ed) International Litigation Practice Volume 4 (2012) at
78.

Topic 2: The differences between ICSID and UNCITRAL This topic discusses some key differences between the ICSID rules and the UNCITRAL arbitration rules.This topic video provides an opportunity to recap on your discoveries in the first activity.REVIST enforcement of ICSID awards REVIST ICSID ConventionSection 6: Recognition and Enforcement of the AwardArticles 53, 54 and 55 ICSID ConventionREAD Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Conventionread pp 324 to 329 of Stanimir Alexandrov, “Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention”, in Christina Biner, Ursula Kriebaum, August Reinisch and Stephan Wittich (Eds)
International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer, Oxford Scholarship Online.
Reflect upon:• What obligation does article 53 impose on the parties to ICSID arbitral awards?• What triggers the operation of article 54 and what rights and obligations are contained within article 54?• Is it the usual practice of most States to comply or not comply with ICSID awards against them?

Topic 3: Enforcement under ICSID This topic explores the enforcement mechanisms under ICSID.This topic video looks at recognition and enforcement of arbitral awards under both the ICSID Convention and the New York Convention.EXPLORE enforcement of an award and execution of the award against State assets
READ and make notes on the 4 cases discussed in this articleEdward Baldwin, Mark Kantor, Michael Nolan ‘Limits to Enforcement of ICSID Awards’ (2006) 23(1) Journal of International Arbitration 1, from pages 5-9.
Reflect for personal use: Make notes on the four cases (Benvenuti & Bonfant v Congo; SOABI v Senegal ; LETCO v Liberia; AIG Capital Partners v Kazakhstan) in which a distinction was drawn between enforcement and execution
of the award against State assets. Obviously this means that States that refuse to comply with awards against them may be difficult to recover compensation from.