This book addresses the key procedural issues that arise in investment arbitrations conducted under the ICSID and other arbitral rules. It identifies each key procedural issue and provides details of the relevant precedents. Fully cross-referenced and tabled, this is an invaluable resource for arbitrators and practitioners.

Jeffery Commission has particular expertise in international dispute settlement, including commercial arbitration and investment arbitration. He has acted as counsel in arbitration cases under the ICSID, ICSID (AF), UNCITRAL, ICC, LCIA, NAI and ICDR rules and also has extensive experience in advising on public international law and international dispute resolution issues, including treaty drafting and interpretation, the law of state responsibility, international investment law, and designing international arbitration and forum selection agreements.
Rahim Moloo is a partner in the New York office of Gibson, Dunn & Crutcher LLP and is a member of the firm's International Arbitration Practice Group. Rahim has extensive experience in international commercial and investor-state arbitrations and arbitration-related litigation. He is an adjunct professor at Columbia Law School, where he teaches an advanced course on international arbitration, and has been co-chair of the American Branch of the International Law Association's Committee on Disputes Involving States.

• 1: The Law Applicable to Procedural Issues


• 2: The First Procedural Order


• 3: Provisional Measures


• 4: Challenges to Arbitrators, Counsel, and Experts


• 5: The Splitting of Issues for Separate Determination (Bifurcation/Trifurcation)


• 6: Non-Disputing Party Participation and Transparency


• 7: Evidentiary Issues


• 8: Hearing Procedures


• 9: Other Procedures


• 10: Statements or Submissions on Costs


• 11: Post-Award Applications


• Appendices


• 1: Draft Procedural Order No. 1


• 2: Decisions on Provisional Measures Requests in ICSID and UNCITRAL Arbitrations


• 3A: Decisions on Challenges to Arbitrators in ICSID Arbitrations


• 3B: Challenges to Arbitrators in UNCITRAL Arbitrations


• 3C: Challenges to Experts and Counsel in ICSID Arbitrations


• 4: Decisions and Orders on Bifurcation Requests in ICSID, ICSID Additional Facility, and UNCITRAL Arbitrations


• 5A: Non-Disputing Party Participation in ICSID Arbitrations


• 5B: Non-Disputing Party Participation in UNCITRAL Arbitrations


• 5C: Non-Disputing State Party Participation in ICSID and UNCITRAL Arbitrations


• 6: Extract of Procedural Order Dealing with Evidentiary Matters


• 7: Redfern Schedule


• 8A: Decisions on Place of Arbitration in ICSID Additional Facility and UNCITRAL Arbitrations


• 8B: Decisions on Manifest Lack of Legal Merit Applications in ICSID and ICSID Additional Facility Arbitrations


• 8C: Site Visits in ICSID and UNCITRAL Arbitrations


• 8D: Tribunal Experts in ICSID and UNCITRAL Arbitrations


• 8E: Applications for Reconsideration in ICSID and UNCITRAL Arbitrations


• 9A: Costs in ICSID and ICSID Additional Facility Arbitrations


• 9B: Costs in ICSID Annulment Proceedings


• 9C: Costs in UNCITRAL Arbitrations


• 10A: Rectification/Correction in ICSID and ICSID Additional Facility Arbitrations


• 10B: Supplementary Decisions in ICSID and ICSID Additional Facility Arbitrations


• 10C: Interpretation in ICSID and ICSID Additional Facility Arbitrations


• 10D: Revision in ICSID Convention Arbitrations


• 10E: Stays of Enforcement in ICSID Annulment Proceedings