Deliberations - ICSID Convention Arbitration
3.1.11-Deliberations-LP.pngThe deliberations of the Tribunal take place in private, usually immediately after a hearing or procedural session when the members of the Tribunal are all gathered for an in-person meeting. Deliberations can also held by telephone or videoconference or by correspondence (Arbitration Rule 16(2)).
Agreements concerning the presence and quorum of arbitrators and the manner in which the Tribunal decides are usually reached at the first session of the Tribunal. A majority of the Tribunal must be present at deliberations, and the parties may agree that all members must be present (Arbitration Rule 14(2)).
If the Tribunal deliberates by correspondence, all members must be consulted. The parties may agree that the President of the Tribunal decide without consulting the other members in urgent situations, subject to possible reconsideration of the decision by the full Tribunal. Such decisions typically relate to the extension of time limits and other urgent procedural questions (Arbitration Rule 26(1)). 
To ensure a time effective process, the ICSID Secretariat strongly encourages Tribunals to reserve time for deliberations immediately after hearings. The ICSID Secretary of the Tribunal is available to assist Tribunals during these meetings.



 
  • Bernhard Berger & Michael E. Schneider (eds.), Inside the Black Box : How Arbitral Tribunals Operate and Reach Their Decisions, ASA Special Series No. 42, Juris (2013)
  • Vinayak P. Pradhan, The Tribunal’s Deliberations, The Asian Leading Arbitrators' Guide to International Arbitration (Michael Pryles & Michael J. Moser eds.), JurisNet (2007)
  • L. Yves Fortier, The Tribunal's Deliberations, The Leading Arbitrators' Guide to International Arbitration (Lawrence W. Newman & Richard D. Hill eds.), Juris Publishing, pp. 831-836 (2014)
  • Ugo Draetta, The Dynamics of Deliberation Meetings and the Dissenting Opinions, The Leading Arbitrators' Guide to International Arbitration (Lawrence W. Newman & Richard D. Hill eds.), Juris Publishing, pp. 889-907 (2014)
 
 

 Related Content