Abstract
This chapter deals with preliminary matters that arbitral tribunals and arbitral institutions may have to decide at an early stage of the proceedings. Investor-state disputes may be resolved by arbitration under the ICSID Convention and the ICSID Arbitration Rules, under the ICSID Additional Facility Rules, in ad hoc proceedings that are frequently under the UNCITRAL Rules, or under other institutional rules. The chapter examines the abovementioned preliminary issues in the context of international investment arbitration comparing the applicable rules and the relevant practices in different fora . It examines the screening role of the arbitral institutions with respect to jurisdictional objections. The chapter then deals with the determination by arbitral tribunals of jurisdictional and other preliminary objections, focusing in particular on the bifurcation of the proceedings. It then briefs about interim relief in investment arbitration, focusing on procedural aspects. Keywords: ad hoc ; arbitral tribunals; bifurcation; fora ; ICSID Arbitration; Investor-state disputes; preliminary matters; UNCITRAL Rules
Published Version
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