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from CHAPTER I - International Centre for Settlement of Investment Disputes
Published online by Cambridge University Press: 07 September 2010
Archives
All drafts leading to the Convention provided for the inviolability of the Centre's archives (History, Vol. I, pp. 100, 102). The provision elicited little discussion (History, Vol. II, p. 391). The phrase “wherever they may be” was added at a later stage (at pp. 743/4). Mr. Broches explained that the inviolability of archives was entirely separate from the question of information and publication (at p. 743).
Art 23(1) is closely parallel to Sec. 4 of the Convention on the Privileges and Immunities of the United Nations and to Sec. 6 of the Conventionon the Privileges and Immunities of the Specialized Agencies.
Art. 23(1) does not provide for a waiver of immunity but neither does it impose an obligation of secrecy. The Centre keeps lists, registers and archives (see Art. 11, paras. 7, 8). It disseminates information in a variety of ways (see Art. 1, para. 5). It publishes awards, other decisions and information about cases within the confines of Art. 48(5) and of the Arbitration Rules (see Art. 48, paras. 107–129).
There are no known problems concerning the inviolability of the Centre's archives.
Official Communications
The earlier drafts to the Convention provided that the official communications 5 of the Centre would be accorded the same treatment by each Contracting State as the official communications of other Contracting States (History, Vol. I, p. 102).
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