Personal Data Privacy Notice – Members

Processing of Personal Data by ICSID

This Personal Data Privacy Notice – Members (“Notice”) provides information regarding the processing[1] of personal data[2] of members of arbitral tribunals, conciliation commissions, ad hoc and fact-finding committees, and mediators (referred to as “Members” below) by ICSID in relation to the administration of proceedings under the ICSID Convention and Rules, and under other rules such as the UNCITRAL Arbitration Rules (“Proceedings”). This Notice applies to ICSID’s data processing activities during the administration of Proceedings, as well as to other case-related activities of the Centre.

The processing of personal data is necessary to enable ICSID to fulfill its mandate to (i) administer Proceedings; (ii) promote the understanding of and transparency in investment law and procedure; (iii) appoint Members; and (iv) carry out all other related activities. 

The personal data processed by ICSID relates to parties, non-disputing parties, non-disputing treaty parties, representatives and legal counsel, witnesses and experts, Members, assistants, candidates being considered for appointment, interpreters, court reporters and any other individuals involved in Proceedings (hereinafter “Participants”).

Any processing of personal data by Participants in the pursuance of their mandates or functions or in connection with their involvement in Proceedings is outside the scope of this Notice and cannot be attributed or imputed to ICSID.

For the processing of personal data in the context of events organized by ICSID, please see ICSID Event Personal Data Privacy Notice.

For the processing of personal data in the context of all other activities carried out by ICSID, please see ICSID General Personal Data Privacy Notice.

Types of Information Processed

In connection with Proceedings and other case-related activities of the Centre, ICSID may process the following types of personal data: 

  • Your name, contact details (address, telephone number and e-mail), banking details, personal identification information (including passport information). 

  • Other personal data (a) submitted to us by Participants, or (b) collected by us from third parties or publicly available resources.

  • Information about whether you or any related entities are subject to economic sanctions or any other legal or regulatory impediment. 

  • Other information upon notice to you as reasonably necessary to fulfill ICSID’s mandate and obligations under the ICSID Convention. 

Purposes for Processing

To fulfill this mandate and obligations under the ICSID Convention, ICSID may process your personal data, including as follows:

  • To assess the availability, qualifications, suitability, and any conflict of interest of candidates to serve as Members in Proceedings.

  • For inclusion in and publication of the ICSID Panels of Arbitrators and Conciliators.

  • For inclusion in ICSID’s online database of arbitrators, conciliators and ad hoc committee members (see below).

  • To pay claims filed by Members pursuant to ICSID’s Administrative and Financial Regulations and Memorandum of Fees and Expenses.

  • To facilitate the general conduct of Proceedings, including but not limited to, using any means of communication, and fulfilling administrative tasks as necessary.

  • To provide access to ICSID’s file-sharing platform (Box) and other online document filing platforms and ensure the continuity and security of such services.

  • To issue travel certificates in support of travel to hearings and meetings in connection with a Proceeding.

  • For inclusion in awards, decisions, and orders and their publication (with or without redactions) pursuant to the applicable rules or parties’ agreement. This includes a breakdown of the fees and expenses paid to Members, as detailed in the award or the relevant ruling.

  • For publication of case-related information in Proceedings, e.g., name and nationality(ies).

  • To produce and publish data analysis and research concerning cases administered by ICSID. 

Sharing of Personal Data

ICSID does not sell or otherwise disclose personal data collected as set out above, except as described in this Notice. 

Depending on the circumstances and to assist them in carrying out its duties, ICSID may share personal data with (i) Members, assistants, parties, their representatives and legal counsel, witnesses and experts, and other individuals involved in Proceedings, and (ii) external service providers, including but not limited to, court reporters, interpreters or other service providers, as necessary for the administration of Proceedings, and subject to applicable data protection laws and regulations and conditions of confidentiality and security. External service providers with whom personal data may be shared (i) are not authorized by ICSID to use or disclose such personal data, except as necessary to perform services for ICSID, and (ii) are required by ICSID to appropriately safeguard the privacy and security of personal data they process on its behalf.

ICSID Database of CVs of Arbitrators, Conciliators and ad hoc Committee Members

ICSID maintains a database of CVs of Arbitrators, Conciliators, and ad hoc Committee Members to assist users in identifying suitable candidates for appointment and to make qualifications and background of prior appointees available. Arbitrators, Conciliators, and ad hoc Committee members provide ICSID with any personal information contained in the CVs, which are processed and published with their consent. Members are responsible for any updates required to their personal information and must notify ICSID of such updates by email to: icsid_cvproject@worldbank.org. 

Data Protection and Privacy Regulations

During Proceedings, parties, their legal counsel and representatives, witnesses and experts, Members and assistants, shall comply with any applicable data protection and privacy regulations, including by providing appropriate notice to data subjects whose personal data will be processed in the Proceedings. Any applicable data protection and privacy laws should be discussed as early as possible in the Proceedings.

Storage and Retention of Personal Data 

Your personal data will be stored as long as necessary to fulfil the purposes for which the data is collected and to satisfy any legal, accounting, reporting or archiving requirements, in compliance with the retention policies and disposition schedules of the World Bank Group and ICSID. 

ICSID maintains appropriate technical and organizational safeguards against unauthorized processing of personal data and against accidental loss, destruction or damage.

Members shall maintain appropriate technical and organizational safeguards, including encryption where required, against unauthorized processing of personal data and against accidental loss, destruction or damage.

Arbitrators and ad hoc committee members shall keep the record of the proceeding for 45 days after the dispatch of the award or decision on annulment. Arbitrators and ad hoc committee members (after this 45-day retention period), conciliators, mediators and fact-finders may, subject to any agreement with the parties, dispose of their electronic and/or hard copies of the record, and shall do so securely.

Acknowledgement of Notice and Information on Personal Data Processing

By using ICSID services in the administration of Proceedings, you acknowledge, and consent to, the content of this Notice.

To the extent this Notice relates to the processing of personal data through the Website, it is part of the Terms and Conditions governing the access to and use of the Website. By using the services of ICSID in the administration of Proceedings, you acknowledge, and consent to the Terms and Conditions governing the access to and use of the Website.

Changes to This Privacy Notice

ICSID may update or amend this Notice at any time by posting a revised version on its Website. ICSID will not issue individual notifications when this Notice is updated or amended.

Contact ICSID regarding your Personal Data 

For inquiries about the processing of your personal data in the context of a specific case, please contact the ICSID Legal Counsel responsible for that case. 

If you have any questions about this Notice or how we process your personal data, please contact the ICSID Data Privacy Team at icsiddataprivacy@worldbank.org. 

 

*           *           *

This Notice is up to date as of April 1, 2025.

 


 

[1]  For the purposes of this Notice, “Processing” includes, but it not limited to, collection, storage, use, transmission, disclosure or deletion.

[2] For the purposes of this Notice, “personal data” means all data whereby an individual is identified or identifiable.