International Centre for Settlement of Investment Disputes (ICSID)
Muhammad Faisal B. Mohmad Zamir
Mohamad Amir Ridzuan B. Mohamed Ahyer Muhammad Rusydi B. Jamaluddin Mohd. Nizar B. Mohd. Johari Izham B. Ahmad History of International Finance Corporation (IFC) member of the World Bank Group and is headquartered in Washington, DC shares the primary objective of all World Bank Group institutions Established in 1956,the largest multilateral source of loan and equity financing for private sector projects in the developing world has 182 member countries; collectively determine its policies and approve investments Roles of International Finance Corporation (IFC) Financing private sector projects and companies located in the developing world Helping private companies in the developing world mobilize financing in international financial markets Providing advice and technical assistance to businesses and governments IFC helps companies and financial institutions in emerging markets create jobs, generate tax revenues, improve corporate governance and environmental performance, and contribute to their local communities Development of IFC IFC invests in enterprises majority-owned by the private sector throughout most developing countries in the world. There are include: 1.Sub-Saharan Africa 2.East Asia & the Pacific 3.South Asia 4.Europe & Central Asia 5.Latin America & the Caribbean 6.Middle East & North Africa IFC has 182 member countries. To join IFC, a country must:
Be a member of the World Bank (IBRD);
Have signed IFC's Articles of Agreement; and Have deposited with the World Bank Group's Corporate Secretariat an Instrument of Acceptance of IFC's Articles of Agreement The initiatives include:
Debt & Asset Recovery Program
Microfinance Enhancement Facility Trade Finance Programs IFC Capitalization Fund Infrastructure Crisis Facility IFC Advisory Services Targeted Regional Responses About Multilateral Investment Guarantee Agency (MIGA) As a member of the World Bank Group, MIGA's mission is to promote foreign direct investment (FDI) into developing countries to help support economic growth, reduce poverty, and improve people's lives. The FDI Programme The private sectors must help the government in order to reduce the government burden. Such as they can build roads, schools, houses for poor and many more. Furthermore, it can helps the government to improve the economies grow by providing jobs and spend money to invest for factories, agriculture sectors and tourism. Role of MIGA providing political risk insurance for foreign investments in developing countries helps countries define and implement strategies to promote investment through technical assistance services(also known as Foreign Investment and Advisory Services) attracting investors and private insurers into difficult operating environments offers comparative advantages in areas such as countries eligible for assistant, conflict- affected environment and complex deal in infrastructures
ability to restore the business
community's confidence, for ongoing collaboration with the public and private insurance market MIGA’s development MIGA’s political risk insurance encourages responsible and sustainable foreign direct investment, which promotes growth, creates jobs, and improves the lives of people in developing countries. According to the 2008 Global Development Finance report, private capital inflows to developing countries surged to MIGA can play a critical role in encouraging FDI back into a country after a period of conflict. Since its inception, MIGA has supported 159 projects with guarantees totaling $2.9 billion in 24 conflict-affected countries. The development benefits have been far- reaching: providing basic infrastructure; getting financial sectors back on their feet; allowing governments to allocate limited funds to critical social programs; and restoring private sector confidence. History of International Centre for Settlement of Investment Disputes(ICSID) ICSID is an autonomous international institution established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States with over one hundred and forty three member States. The ICSID Convention is a multilateral treaty formulated by the Executive Directors of the International Bank for Reconstruction and Development (the World Bank). It was opened for signature on March 18, 1965 and entered into force on October 14, 1966. ICSID was created by the Convention as an impartial international forum providing facilities for the resolution of legal disputes between eligible parties, through conciliation or arbitration procedures. Recourse to the Con’t.. ICSID was created by the Convention as an impartial international forum providing facilities for the resolution of legal disputes between eligible parties, through conciliation or arbitration procedures. Recourse to the ICSID facilities is always subject to the parties' consent. Today, ICSID is considered to be the leading international arbitration institution devoted to investor-State ROLES OF ICSID Part of the World Bank Group, is an arbitration forum between governments and foreign investors to settle investment disputes. ICSID's organizational structure consists of an administrative council chaired by the World Bank president and a secretariat. The ICSID secretariat supports the tribunals and committees that form during an arbitration. ICSID's role in settling disputes that have arisen out of the measures a government has taken to shield its citizens from economic crisis is controversial, and it remains to be seen how the global crisis of 2008 may see a turning of the tables towards investors from the South bringing cases against government's of the North. DEVELOPMENT OF ICSID Use of ICSID has expanded rapidly as bilateral investment treaties (BITs) have increased from 385 in 1989 to over 3,000 today, with two thirds of international investment disputes going through ICSID. Correspondingly, ICSID's revenues from arbitration proceedings have increased from $250,000 a decade ago to $17 million in 2008. ICSID was established with 20 members through a Convention in 1966. Today there are 143 contracting states. Bolivia is the only country to have officially withdrawn from ICSID in 2007 and Ecuador recently has begun the exit procedure . ICSID has an Administrative Council and a Secretariat. The Administrative Council is chaired by the World Bank's President and consists of one representative of each State which has ratified the Convention. Annual meetings of the Council are held in conjunction with the joint Bank/Fund annual meetings. Activities ICSID provides facilities for the conciliation and arbitration of disputes between member countries and investors who qualify as nationals of other member countries. ICSID in the field of the settlement of disputes has consisted in the Secretary- General of ICSID accepting to act as the appointing authority of arbitrators for ad hoc (i.e., non-institutional) arbitration proceedings. ICSID also carries on advisory and research activities, publishing Investment Laws of the World and of Investment Treaties, and collaborates with other World Bank Group units. Since April 1986, the Centre has published a semi-annual law journal entitled ICSID Review-Foreign Investment Law Journal.