ICSID - International Centre for Settlement of Investment Disputes

How to file a request for arbitration or conciliation pursuant to:

ICSID Convention

Additional Facility Rules

Institution Rules

Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules) currently in force.

Where to Send the Request

Hard Copy:
Secretary-General of ICSID
MSN U3-301
1818 H Street, NW
Washington, D.C., 20433
USA

and

Electronic Copy:
ICSIDsecretariat@worldbank.org

Lodging Fee

The request shall be accompanied by the payment to the Centre of a non-refundable fee, which is US$25,000 under the current Schedule of Fees. The fee is payable by the party filing the request or by both parties if the request is made jointly.

The fee should be paid to ICSID by wire transfer. Please contact the ICSID Secretariat by e-mail at ICSIDsecretariat@worldbank.org or by mail at ICSID, MSN U3-301, 1818 H Street, N.W., Washington, D.C. 20433, USA for wire transfer instructions.

A copy of the wire transfer order should be included with the request documents filed.

Number of Copies

Institution Rule 4(1)

One original and five copies of the request and its annexes should be submitted. Further copies may be required if necessary. It is preferable for the original to be submitted in A4 or Letter format, and the copies in A5 format.

The requesting party shall also submit six CD-ROMs, DVDs or USB drives, containing electronic copies of the request and its annexes.

Formal Requirements

Institution Rule 1(1)

-	The request shall be drafted in an official language of the Centre (English, French or Spanish).

-	The request shall be dated.

-	The request shall be signed by the requesting party or its duly authorized representative. If the request is signed by a representative, it should enclose proof of the authorization, for example, a power of attorney or a letter of engagement.

-	The request shall indicate whether it relates to an arbitration or conciliation proceeding.

Content Requirements

Institution Rule 2

Names and Contact Details:

The request shall specify the name of each party, i.e., both the claimant(s) and the respondent(s). It shall also state the address of each, which should include postal address, telephone and fax numbers, and e-mail address.

Constituent Subdivision or Agency of a Contracting State:

If one of the parties is a constituent subdivision or agency of a Contracting State, the request shall state that it has been designated to the Centre by that State pursuant to Article 25(1) of the Convention.

Nationality:

The request shall indicate with respect to the party that is a national of a Contracting State:

i.	its nationality on the date of consent; and

ii.	if the party is a natural person: (A) his/her nationality on the date of the request; and (B) that he/she did not have the nationality of the Contracting State party to the dispute either on the date of consent or on the date of the request. See Article 25(2)(a) of the Convention.

iii.	If the party is a juridical person which on the date of consent had the nationality of the Contracting State party to the dispute, the agreement of the parties that it should be treated as a national of another Contracting State for the purposes of the Convention. See Article 25(2)(b) of the Convention. Documentation confirming such agreement should be enclosed.

Written Consent:

The request shall indicate the date of consent and the instruments in which it is recorded. The date of consent is the date on which the parties to the dispute consented in writing to submit it to the Centre; if both parties did not act on the same day, it means the date on which the second party acted. See Institution Rule 2(3).

Consent can be recorded in different types of instruments including contracts, investment laws, bilateral investment treaties and multilateral agreements. Copies of such instruments and evidence of their entry into force should be submitted. The request shall address the basis and scope of consent under the provisions of the instrument invoked.

If one party is a constituent subdivision or agency of a Contracting State, the request shall contain information on the approval of such consent by that State unless it had notified the Centre that no such approval is required. See Article 25(3) of the Convention.

Information on the Dispute:

The request shall contain information concerning the issues in dispute indicating that there is, between the parties, a legal dispute arising directly out of an investment. See Article 25(1) of the Convention.

Authorization to File a Request:

If the requesting party is a juridical person, the request shall state that it has taken all necessary internal actions to authorize the request. Supporting documentation should be enclosed (such as, but not limited to, an approval by an authorized representative of the juridical person or a resolution of the board of directors).

Supporting Documentation

Institution Rule 4(2) and Administrative and Financial Regulation 30

-	Documentation with the Original Request: The original of the request can be accompanied by original documentation or by copies certified to be a true and complete copy of the original by the party presenting it.

-	Language of the Documentation: Each original and additional copy of a document which is not in English, French or Spanish shall be accompanied by a certified translation into one such language. If the document is lengthy and relevant only in part, it is sufficient if only the relevant parts, which must be precisely specified, are translated.

-	Statement Regarding Extracts, Partial Copies or Partial Translations: When presenting extracts of an original document, partial copies or translations, a statement that the omission does not render the portion presented misleading is required.

Optional Information in the Request

Institution Rule 3

The request may set forth any provisions agreed by the parties regarding the number of conciliators or arbitrators and the method of their appointment, as well as any other provisions agreed concerning the settlement of the dispute.

Further Inquiries

Rules

The following rules currently in force at the time of the lodging of the request apply:

-	Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of ICSID (Additional Facility Rules);

-	Administrative and Financial Regulations of ICSID (Regulations 16, 30 and 34(1)); and

-	Schedule B — Conciliation (Additional Facility) Rules; or

-	Schedule C — Arbitration (Additional Facility) Rules .

Where to Send the Request

Hard Copy:
Secretary-General of ICSID
MSN U3-301
1818 H Street, NW
Washington, D.C., 20433
USA

and

Electronic Copy:
ICSIDsecretariat@worldbank.org

Lodging Fee

A copy of the wire transfer order should be included with the request documents filed.

Number of Copies

Article 3(3) of Schedule B or Article 3(3) of Schedule C as applicable:

The requesting party shall also submit six CD-ROMs, DVDs or USB drives, containing electronic copies of the request and its annexes.

Formal Requirements

Article 2 of Schedule B or Article 2 of Schedule C as applicable:

-	The request shall be drafted in an official language of the Centre (English, French or Spanish).

-	The request shall be dated.

-	The request shall be signed by the requesting party or its duly authorized representative. If the request is signed by a representative, it should enclose proof of the authorization, for example, a power of attorney or a letter of engagement.

Content Requirements

Article 3(1) of Schedule B or Article 3(1) of Schedule C as applicable:

(a)

(b)

Written Consent:

The request shall indicate the relevant provisions embodying the agreement of the parties to refer the dispute to conciliation or arbitration under the Additional Facility Rules.

Consent can be recorded in different types of instruments including contracts, investment laws, bilateral investment treaties and multilateral agreements. Copies of such instruments and evidence of their entry into force should be submitted. The request shall address the basis and scope of consent under the provisions of the instrument invoked.

(c)

Approval for Access to the Additional Facility:

Article 4 of the Additional Facility Rules

Application for approval by the Secretary-General to access to the Additional Facility can be made prior to or contemporaneously with the request for conciliation or arbitration.

The application is approved by the Secretary-General if he/she is satisfied that the following requirements are met:

o	there is a legal dispute between a State (or a constituent subdivision or agency of a State) and a national of another State. A national of another State means a natural or juridical person who is not, or whom the parties to the proceeding in question have agreed to treat as, a national of the State party to that proceeding. See Article 1(6) and Article 2 of the Additional Facility Rules. (Documentation confirming such agreement should be enclosed); and

o	the legal dispute arises out of an investment and is not within the jurisdiction of the Centre because either the State party to the dispute or the State whose national is a party to the dispute is not a Contracting State. See Article 2(a) of the Additional Facility Rules. In this case, both parties must give their consent to ICSID jurisdiction under Article 25 of the ICSID Convention (in lieu of the Additional Facility) in the event that the non-Contracting State becomes a Contracting State at the time when proceedings are instituted; or

o	the legal dispute is not within the jurisdiction of the Centre because it does not arise directly out of an investment, provided that either the State party to the dispute or the State whose national is a party to the dispute is a Contracting State and provided that the underlying transaction has features which distinguish it from an ordinary commercial transaction. See Article 2(b) and Article 4(3) of the Additional Facility Rules.

If such approval was obtained before the filing of the request for conciliation or arbitration, the request shall indicate the date of the approval. If the approval was not obtained prior to the request, an application for the approval shall be included in the request for conciliation or arbitration.

(d)

Information on the Dispute:

The request shall contain information concerning the issues in dispute and an indication of the amount involved, if any.

(e)

Supporting Documentation

Administrative and Financial Regulation 30

-	Documentation with the Original Request: The original of the request can be accompanied by original documentation or by copies certified to be a true and complete copy of the original by the party presenting it.

-	Language of the Documentation: Each original and additional copy of a document which is not in English, French or Spanish shall be accompanied by a certified translation into one such language. If the document is lengthy and relevant only in part, it is sufficient if only the relevant parts, which must be precisely specified, are translated.

-	Statement Regarding Extracts, Partial Copies or Partial Translations: When presenting extracts of an original document, partial copies or translations, a statement that the omission does not render the portion presented misleading is required.

Optional Information in the Request

Article 3(2) of Schedule B or Article 3(2) of Schedule C as applicable:

The request may set forth any provisions agreed by the parties regarding the number of conciliators or arbitrators and the method of their appointment, as well as any other provisions agreed concerning the settlement of the dispute.

Further Inquiries