국제투자분쟁해결센터(ICSID) 중재절차에서의 청구병합에 관한 검토

The joinder of claims in ICSID arbitration proceedings is regulated by Art. 46 of ICSID Convention of which the basic idea is to deal with closely related claims in one set of proceedings. In accordance with Art. 46, a party can request the tribunal to determine any incidental or additional claims or counter-claims arising directly out of the subject-matter of the dispute. These three types of claims may be referred to collectively as ancillary claims. The instances of incidental or additional claims are third party contracts, interest on the sums claimed and procedural costs. A counterclaim which is related the main substance of the dispute, will be put forward by the respondent party of the proceeding. By Art. 40 of ICSID Convention Arbitration Rules, an incidental or additional claim shall be presented not later than in the reply and a counterclaim no later than in the counter-memorial, unless the Tribunal, upon justification by the party presenting the ancillary claim and upon considering any objection of the other party, authorizes the presentation of the claim at a later stage in the proceeding. The tribunal shall determine any ancillary claims brought before it, and otherwise the award will be nulled by an ad hoc Committee at the request of either party.