Please answer completely the following twenty (20) questions in relation to the

COVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND

NATIONALS OF OTHER STATES and the ICSID Rules.
1. What are the cases falling under the jurisdiction of the International Centre for
Settlement of Investment Disputes?
2. What is the Calvo Doctrine?
3. Describe briefly what is the International Centre for Settlement of Investment
Disputes (ICSID)?

4. Not all kind of disputes are covered under the jurisdiction of ICSID and in order
for a dispute to be resolved under ICSID, some criteria as to the jurisdiction is
required to be fulfilled. The jurisdiction criteria which need to be fulfilled under
Article 25 of the ICSID Convention are classified as (i) condition of consent, (ii)
jurisdiction ratione personae and (iii) jurisdiction ratione materiae. Explain the
three criteria?
5. What is the Salini Test in ICSID Arbitration?
6. What do we mean by “National of Another Contracting State”?
7. What is the venue of the conciliation and arbitration proceedings under the ICSID
Convention?
8. “A” and “B”, who are nationals of contracting states to the Convention entered
into an investment agreement in the country of origin of “B”. It was agreed by
the parties that should a dispute arise between them, the case shall be submitted
for arbitration in accordance with the Convention on the settlement of
investment disputes. A dispute arose between the parties. “A” thereafter sued
“B” for the latter’s failure to comply with the terms of the investment. The case
was field before the regular courts where “A” was national. “B” moved for the
dismissal of the complaint invoking their agreement that their dispute is subject
to arbitration hence the court has no jurisdiction over the dispute. If you were
the judge, how will you act on the motion to dismiss?
9. Distinguish the remedy of “request for revision of award” with “request for
annulment of award”.
10. How does one enforce an award rendered by the Tribunal or Committee?
11. What do we mean by Marshalling of Evidence under the ICSID Rules? Rule 33
12. Who is a “non-disputing party” in a dispute before the ICSID and what is the
significance of the presence of said party?
13. After the proceedings before the Tribunal or Committee had terminated, can a
party move to re-open the case? Rule 38
14. At what stage of the proceedings can a party request for provisional measures to
preserve the rights of the parties?
15. Can a party petition before the regular court for the issuance of injunction to
maintain the status quo between the parties before or after the institution of
proceedings before the Tribunal?
16. How shall the Tribunal proceed if a party fails to appear or to present its case?

17. Are the parties to the dispute precluded from settling the dispute among
themselves after the Tribunal already acquired jurisdiction over the dispute?
18. What are the different ways of discontinuing the proceedings before the
Tribunal?

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19. Distinguish Request for Supplementary Decisions with Application for Annulment
of Award?
20. What are implications if a Tribunal or Committee annuls an award?