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Table of Contents
Intro; Preface; Contents; List of Abbreviations; Chapter 1: Executive Summary; 1.1 Preliminary Considerations Regarding the Establishment of the MIC/MIAM; 1.2 Organisational Structure; 1.3 Procedure of the MIC; 1.4 Applicable Law of the MIC; 1.5 Legal Remedies and Enforcement of MIC Decisions; 1.6 Establishment of a Standalone Multilateral Investment Appellate Mechanism (MIAM); References; Chapter 2: Introduction; References; Chapter 3: Targets for the Reorganisation of the Investment Protection Regime; 3.1 Positive Effects of a New Approach; 3.1.1 Consistency of Decisions
3.1.2 Greater Legitimacy3.1.3 Independence and Neutrality of Judges; 3.1.4 Lack of a Control Mechanism; 3.1.5 Cost Efficiency; 3.1.6 Access for SMEs; 3.1.7 Transparency; 3.1.8 Time Efficiency; 3.2 Advantages of the Two-Tiered MIC Option; References; Chapter 4: Design and Implementation of a Two-Tiered MIC; 4.1 Institutional and Procedural Design; 4.1.1 Members of an MIC; 4.1.2 Plenary Body; 4.1.2.1 Appointment of Judges Through the Plenary Body; Number of MIC Judges; Nomination of Candidate Judges; Screening Committee; Diversity Among Judges; 4.1.2.2 Adoption of Specific Secondary Rules
Adoption of Internal Procedural Rules, Budget etc.Interpretation, Including Subsequent/Authentic Interpretation; Subsequent Increase of the Number of Judges; 4.1.2.3 Requirement of Majority for Decision Making; 4.1.2.4 Transparency in Proceedings of the Plenary Body; 4.1.2.5 Seat of the Plenary Body and Frequency of Meetings; 4.1.3 Judges at the MIC; 4.1.3.1 Full- or Part-Time Judges; 4.1.3.2 Qualification; 4.1.3.3 Independence; 4.1.3.4 Ethics; 4.1.3.5 Availability; 4.1.3.6 Remuneration; 4.1.3.7 Oath of Office; 4.1.3.8 Immunity; 4.1.3.9 Parallel Engagements
4.1.3.10 Appointment/Election by the Parties to the Agreement4.1.3.11 Duration of Appointment and Rotating Reappointment; 4.1.3.12 Decisions on Instances of Bias by Judges; 4.1.3.13 Termination of the Appointment; 4.1.3.14 Removal from Office; 4.1.4 President of the Court and Vice President of the Court; 4.1.5 Plenary Decisions, Chambers and Single Judges; 4.1.6 Appellate Mechanism; 4.1.7 Secretariat; 4.1.8 Advisory Centre; 4.2 The Appeals Procedure Before the Two-Tiered MIC; 4.2.1 Jurisdiction of the MIC
4.2.1.1 Membership of the Respondent State and of the Home State of the Investor in the MIC4.2.1.2 (Written) Consent to the Jurisdiction of the MIC; 4.2.1.3 Jurisdiction Ratione Personae; 4.2.1.4 Jurisdiction Ratione Materiae; 4.2.1.5 Jurisdiction Ratione Temporis; 4.2.1.6 Avoidance of Abuse of Process and Negative Admissibility Requirements; Dismissal of Inadmissible Claims and Claims Without Merit; No Jurisdiction over Political State-Owned Enterprises and Sovereign Wealth Funds; Avoiding Treaty Shopping; Denial of Benefits and Dismissal of Claims in Case of Corruption
3.1.2 Greater Legitimacy3.1.3 Independence and Neutrality of Judges; 3.1.4 Lack of a Control Mechanism; 3.1.5 Cost Efficiency; 3.1.6 Access for SMEs; 3.1.7 Transparency; 3.1.8 Time Efficiency; 3.2 Advantages of the Two-Tiered MIC Option; References; Chapter 4: Design and Implementation of a Two-Tiered MIC; 4.1 Institutional and Procedural Design; 4.1.1 Members of an MIC; 4.1.2 Plenary Body; 4.1.2.1 Appointment of Judges Through the Plenary Body; Number of MIC Judges; Nomination of Candidate Judges; Screening Committee; Diversity Among Judges; 4.1.2.2 Adoption of Specific Secondary Rules
Adoption of Internal Procedural Rules, Budget etc.Interpretation, Including Subsequent/Authentic Interpretation; Subsequent Increase of the Number of Judges; 4.1.2.3 Requirement of Majority for Decision Making; 4.1.2.4 Transparency in Proceedings of the Plenary Body; 4.1.2.5 Seat of the Plenary Body and Frequency of Meetings; 4.1.3 Judges at the MIC; 4.1.3.1 Full- or Part-Time Judges; 4.1.3.2 Qualification; 4.1.3.3 Independence; 4.1.3.4 Ethics; 4.1.3.5 Availability; 4.1.3.6 Remuneration; 4.1.3.7 Oath of Office; 4.1.3.8 Immunity; 4.1.3.9 Parallel Engagements
4.1.3.10 Appointment/Election by the Parties to the Agreement4.1.3.11 Duration of Appointment and Rotating Reappointment; 4.1.3.12 Decisions on Instances of Bias by Judges; 4.1.3.13 Termination of the Appointment; 4.1.3.14 Removal from Office; 4.1.4 President of the Court and Vice President of the Court; 4.1.5 Plenary Decisions, Chambers and Single Judges; 4.1.6 Appellate Mechanism; 4.1.7 Secretariat; 4.1.8 Advisory Centre; 4.2 The Appeals Procedure Before the Two-Tiered MIC; 4.2.1 Jurisdiction of the MIC
4.2.1.1 Membership of the Respondent State and of the Home State of the Investor in the MIC4.2.1.2 (Written) Consent to the Jurisdiction of the MIC; 4.2.1.3 Jurisdiction Ratione Personae; 4.2.1.4 Jurisdiction Ratione Materiae; 4.2.1.5 Jurisdiction Ratione Temporis; 4.2.1.6 Avoidance of Abuse of Process and Negative Admissibility Requirements; Dismissal of Inadmissible Claims and Claims Without Merit; No Jurisdiction over Political State-Owned Enterprises and Sovereign Wealth Funds; Avoiding Treaty Shopping; Denial of Benefits and Dismissal of Claims in Case of Corruption