Dispute Resolution Mechanisms in the Petroleum Sector


1. Practices Notes for Respondents in ICSID Arbitration created by the International Centre for Settlement of Investment Disputes
Although States or State entities can initiate international investment arbitration, they are more often the Respondent. States often inquire about practice aspects of responding to an investment claim, especially if they have not participated in a case before. The information in this document addresses questions frequently asked by ICSID member States or investors. It also provides some practical organizational suggestions for responding to a request for arbitration and preparing a case. It does not provide legal advice or policy guidance and is not an exhaustive guide to arbitration.
2. How to File a Request for Arbitration - ICSID Convention Arbitration created by the International Centre for Settlement of Investment Disputes

A party commences an arbitration under the ICSID Convention by submitting a request for arbitration to the Secretary-General. The conditions for access to ICSID are contained in Article 25 of the ICSID Convention. There may be further conditions in the instrument containing the parties’ consent to arbitration. The process of filing the request is governed by Article 36 of the ICSID Convention, the Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules) and the Administrative and Financial Regulations (Regulations 16, 30 and 34(1)).

3. International Dispute Resolution created by the Independent Petroleum Association of America

This report produced by the IPAA provides an overview of the international dispute resolution mechanisms. The report discusses amongst others, types of disputes in the international oil & gas business; types of dispute resolution methods; the legal framework for international arbitration; drafting dispute resolution clauses; disptues involving governments; selecting Counsel; appointing arbitrators; and time & cost of arbitration.

4. Investor-State Dispute Settlement created by UNCTAD

UNCTAD's Series on International Investment Agreements analyses the key concepts of core IIA provisions. The "First-generation Pink Series" (1999-2005) sought to help countries participate as effectively as possible in international investment rulemaking. The "Sequels" update and complement this Series analysing how key issues in IIA provisions have evolved, particularly focusing on treaty practice and arbitral decisions. In line with UNCTAD's mandate the Sequels analyse the development impact of IIA provisions and their respective formulations, and give policy options that strengthen the sustainable-development aspect of IIAs. Both generations represent a standard reference tool for IIA negotiators, policymakers, the private sector, academia and other stakeholders.