On January 14, 2025, Young ICSID held an event in Madrid titled “DEBATE on the following proposition: "Preliminary and Expedited Proceedings Are Suitable Tools for Investment Arbitration”, co-hosted with CIAM-CIAR and CEIA.
The event was introduced by Marisa Planells-Valero (ICSID Counsel). Marisa reviewed some recent statistics, ICSID’s recent rule amendment process, the main changes to Arbitration Rules 41 to 45, as well as the new Chapter XII on expedited arbitration. Patricia Rodríguez Martín (ICSID Counsel) moderated the debate. The panelists were Catalina Echeverri Gallego (Wordstone, Paris), Isabela Lacreta (Mayer Brown, Paris), Lucía Montes (Cuatrecasas, Madrid), and Felipe Aragón (Armesto & Asociados, Madrid).
The panelists first discussed whether preliminary proceedings—such as manifest lack of legal merit, preliminary objections, and bifurcation—are suitable for ISDS. They addressed, among others, issues including efficiency, frivolous claims, and procedural fairness. The discussion then shifted to ICSID’s new rules on expedited arbitration, debating which types of claims may be well-suited for expedited proceedings, potential efficiency gains, and implications for procedural fairness.
