1 February 2012 | CIL Distinguished Speaker Series

Dispute Settlement at the WTO and ICSID: A Functional Comparative Analysis

Introduction

The trade dispute settlement systems of the WTO and of investment disputes at ICSID are often been compared because they are two model applying to economic disputes and they raise issues of effectiveness different aspects of the smooth working of international economic relations. However the models are quite different (the WTO’s being an integral part of a multilateral organisation, investment dispute settlement at ICSID being arbitral “ad hoc”); involve different parties ( only States at the WTO, private investors at ICSID) and leading to different results (Withdrawal of a State measure at the WTO, damages at ICSID). The main features of the two systems, the reasons for the difference and their relative importance and effectiveness were analyzed and compared.

Presentation

To download Prof Sacerdoti’s presentation in PDF format, click here.

About the Speaker

Giorgio Sacerdoti is Professor of International Law and European Law (Jean Monnet chair) at Bocconi University, Milan, Italy, since 1986 (giorgio.sacerdoti@unibocconi.it) . From 2001 to 2009 he was a Judge at the World Trade Organisation’s Court in Geneva (the WTO “Appellate Body”) and its Chairman in 2006-7.

Professor Sacerdoti has been Vice-Chairman of the OECD Working Group on Bribery in International Business Transactions until 2001, where he chaired the drafting committee of the OECD Anticorruption Convention of 1997.

He has been a member of the Milan Bar since 1969 and is currently Of Counsel of Eversheds Bianchini in Milan. He frequently serves as arbitrator in international commercial disputes (ICC, LCIA, SCC, Milan Arbitral Chamber and “ad hoc”). He has chaired various arbitral tribunals at the World Bank’s Investment Arbitration Centre (ICSID), hearing disputes between States and foreign investors under Bilateral Investment Treaties. He is a member of the LCIA, London.

He has published more than 150 works in the fields related to his expertise, in public international law, trade, international contracts, investment law and arbitration. He is a frequent speaker at international conferences and a contributor to newspapers and magazines.

As a lawyer he represents and advises clients in transnational litigation, arbitration, trade matters, anti-bribery issues and international contracts.

After graduating from the University of Milan with a law degree cum laude in 1965, Professor Sacerdoti gained a Master in Comparative Law from Columbia University Law School in New York City as a Fulbright Fellow in 1967 and was appointed university full professor in 1976.