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13 J. Int'l Disp. Settlement 1 (2022)

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Journal of International Dispute Settlement, 2022, 13, 1-40
https://doi.org/10.1093/jnlids/idab031
Advance Access Publication Date: 19 November 2022
Article



  Much More than a Footnote (or Three): Frank

  C.   Hendryx and an Untold Story of Petroleum

         Concessions and the Genesis of ICSID

                            Juan  Carlos  Boue *


    En ce temps s'esmut contens entre les gros et les menus ... car les menus vouloient
    faire a leure entente, et le gros ne le pouoient souffrir.
                                                        -Jean  Froissart, Chroniques


In mid-1960, the Chairman  of the Committee  on  the Unification of Private Law of
the Section of International and Comparative Law of the American Bar Association
('ABA'), Clifford Hynning, enquired whether the World  Bank  might consider play-
ing a role in the international protection of the rights of foreign investors through
the establishment of a new framework for the international arbitration of investment
disputes.1 The idea was well received, so much so that by March 1965, the President
of the World  Bank  was signing the Convention  on  the Settlement of Investment
Disputes  Between   States and   Nationals of  Other   States (ie the  ICSID   -
International Centre for Settlement of Investment Disputes - Convention), prior to
relaying it to member states for their consideration (with a view to ratification) 'as
an important and a needed contribution to the cause of economic development'.2
   Hynning's  initiative reach the ratification stage so quickly in zno small part be-
cause, when the idea was first floated at the World Bank, a small group of top inter-
national lawyers, convened under the auspices of the ABA, had already been working
on a detailed 'Draft Convention on the Conciliation and Arbitration of International
Investment   Disputes' ('Draft IID   Convention')  for  some   time. This  Draft
Convention, while 'not an official World Bank document', was 'unmistakably an early




*   Curtis Mallet-Prevost Colt and Mosle LLP-International arbitration, USA. Email: jboue@curtis.com.
    The opinions expressed in this article are those of the author and do not necessarily represent the views of
    Curtis, Mallet-Prevost, Colt & Mosle LLP or its clients.
 1  CJ Hynning, 'The World Bank's Plan for the Settlement of International Investment Disputes' 51 (1965)
    ABA J 558, 559.
 2  ibid 558.

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