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5 J. Mar. L. & Com. 211 (1973-1974)
Submissions to the Jurisdiction of the International Centre for Settlement of Investment Disputes

handle is hein.journals/jmlc5 and id is 223 raw text is: Submissions to the Jurisdiction of the International Centre for Settlement of Investment Disputes C. F. AMERASINGHE* INTRODUCTION Submission to the jurisdiction of the International Centre for Settlement of Investment Disputes (the Centre) may be before a dispute arises or after a dispute arises. Clearly a prospective submission made before a dispute arises is easier to obtain than a submission after a dispute arises, because once a dispute has arisen positions tend to harden and there is less amenability to international adjudication. Although this may be true, since a particular dispute is not envisaged in the case of a prospective submission the difficulties stemming from lack of foresight make it necessary that an effective submission be made in the event that a dispute does arise. It would defeat the expectations of at least one of the parties and also frustrate the purposes of an institution such as the Centre, if a tribunal or commission is forced to reject a request on the ground that its jurisdiction has not been properly consented to by both parties, because a submission has not been carefully and appropriately made. What this amounts to saying is that consent clauses in governing instruments should be drafted with care, skill and foresight. In this process, three matters are of primary importance. First, ambiguity in the drafting of consent clauses should be avoided, second, consent clauses should cover all the necessary matters (e.g., agreements as to nationality) under the Convention for the Settlement of Investment Disputes (the Convention), and third, such clauses should be designed * M.A., LL.B., Ph.D., LL.D. (Cambridge/England), LL.M. (Harvard), Ph.D. (Ceylon); Attorney in the International Bank for Reconstruction and Development and in the International Centre for Settlement of Investment Disputes. The views expressed in this article are those of the author and do not reflect the views of the International Bank for Reconstruction and Development or the International Centre for Settlement of Investment Disputes. 211

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