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On 14 December 2012, Professor Pieter Bekker, holder of the Chair in International Law at the CEPMLP, attended the presentation of a report entitled "Arbitration Involving States and State Entities under the ICC Rules of Arbitration" prepared by the International Chamber of Commerce (ICC) Commission on Arbitration Task Force on Arbitration Involving States or State Entities, which took place in London.
The presentation of the Task Force report was hosted by Task Force co-chair Lord Peter Goldsmith QC, formerly Attorney General of the United Kingdom and currently a partner with Debevoise & Plimpton LLP in London, and was presided over by the President of the International Court of Arbitration of the ICC, Mr. John Beechey.
Professor Bekker is a member of both the ICC Commission on Arbitration and its Task Force on Arbitration Involving States or State Entities. In addition to his research and teaching in the area of international arbitration, especially arbitrations governed by public international law, Professor Bekker maintains an active practice as an arbitration lawyer representing parties from the private sector as well as the public sector before arbitral tribunals.
Approximately 10 per cent of arbitrations administered by the ICC, the world's leading arbitration institution, involve a state or a state entity (especially state-owned companies). The revised ICC Rules of Arbitration, which came into effect in 2012, contain a number of revisions which reflect the recommendations set out in the report of the Task Force and are intended to make the ICC Rules of Arbitration more attractive to states and state entities, not only in connection with commercial disputes but also with regard to investment disputes arising under bilateral and multilateral investment treaties.
The Task Force report includes suggested modifications of the standard ICC arbitration clause which states, state entities and their contractual counterparts can adopt in their contracts with respect to the number of arbitrators, the time limits, the confidentiality of the proceedings, and other aspects.
The text of the report can be found here
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