The background paper on Contract-Based ICSID Arbitration is a comprehensive analytical guide and a practical reference for investors, States, and State entities or agencies on contract-based dispute resolution under the ICSID Convention. The paper is accompanied by a special issue of the ICSID Caseload-Statistics, focusing on contract-based proceedings, and ICSID’s revised Model Clauses for use by parties wishing to incorporate an ICSID dispute resolution clause in their investment contracts.
The background paper is intended to support parties in drafting dispute resolution clauses, preparing for contract-based proceedings, and participating in a contract-based arbitration. It responds to the interests of stakeholders in understanding and better use arbitration agreements. The research explores the advantages of contract-based arbitration under the ICSID Convention, and includes reviews of the jurisdictional requirements, applicable law questions, key merits issues, and procedural tools available to the parties.