The Consolidation of Claims in ICSID Arbitration

The International Centre for the Settlement of Investment Disputes (ICSID) has experienced a steadily growing case docket over the last decade. This rise in the number of cases submitted to ICSID for arbitration has resulted in both procedural inefficiencies and inconsistent decisions concerning similar factual and legal issues. In many other areas of law, consolidation is used to mitigate these concerns, however, the ICSID system at present has no mechanism for consolidating claims. This paper addresses the question of whether consolidation would be appropriate for the ICSID framework. In doing so, it considers the motivations behind consolidation and their application to the ICSID system, and the ways in which ICSID could introduce consolidation into its procedure. The paper concludes that ICSID should introduce consolidation with a view to improving procedural efficiency. Such a change, the paper concludes, could be effected by an amendment to the ICSID Arbitration Rules. The introduction of consolidation would improve the operation of the ICSID system, resulting in more efficient and cost-effective justice, and help restore a sense of legitimacy in the system.