The power of ICSID tribunals to dismiss proceedings summarily: An analysis of rule 41(5) of the ICSID arbitration rules

Chester Brown, Sergio Puig

Research output: Contribution to journalArticlepeer-review

6 Scopus citations

Abstract

Rule 41(5) of the ICSID Arbitration Rules essentially provides that an ICSID tribunal may dismiss a proceeding summarily if the respondent files an objection within 30 days of the constitution of the tribunal that the claim is "manifestly without legal merit". In the five years since the introduction of the Rule in April 2006, four ICSID tribunals have considered the provision, with two decisions being handed down in December 2010. In this article, the authors describe the cases decided by these tribunals, and examine the way in which they have interpreted and applied Rule 41(5). The authors' analysis highlights the large measure of consistency in the way that ICSID tribunals are handling objections under this provision, and sets out a useful and timely guide to counsel and arbitrators on the use of this procedure.

Original languageEnglish (US)
Pages (from-to)227-259
Number of pages33
JournalLaw and Practice of International Courts and Tribunals
Volume10
Issue number2
DOIs
StatePublished - Aug 22 2011
Externally publishedYes

Keywords

  • ICSID Arbitration Rules
  • ICSID arbitration
  • Rule 41(5)
  • arbitral procedure
  • international arbitration
  • manifestly without legal merit
  • summary dismissal

ASJC Scopus subject areas

  • Sociology and Political Science
  • Political Science and International Relations
  • Law

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