Any State or national of a State wishing to institute an inquiry to examine and report on facts may commence a fact-finding proceeding under the Additional Facility by submitting a request to that effect to the Secretary-General.
The request may also be made jointly by the parties to the fact-finding proceeding.
The process of filing the Request is governed by Articles 1
of the Fact-Finding (Additional Facility) Rules and the Administrative and Financial Regulations (Regulations 16
). There is no requirement for prior approval by the Secretary-General of the agreement between the parties providing for recourse to fact-finding proceedings.
Formal Requirements, Information and Documentation
The request must be:
- written in one of the official languages of the Centre (English, French or Spanish) (see Administrative and Financial Regulation 34);
- dated; and
- signed by the requesting part(ies) or its duly authorized representative. If the request is signed by a representative, it must enclose proof of the authorization, e.g., a power of attorney or a letter of engagement.
The request must contain:
- Name and contact details of all parties (including mailing address, telephone and fax numbers and e-mail if available).
- The agreement between the parties providing for recourse to the fact-finding proceeding.
- Information concerning the circumstances to be examined and reported on.
- Any agreement by the parties regarding the number of commissioners, their qualifications, appointment, replacement, resignation and disqualification, the extent of the powers of the Committee, the appointment of its President, the place of its sessions, as well as the procedure to be followed in the fact-finding proceeding.
Number of Copies and Supporting Documents
: ICSID requires one original and five additional signed hard copies of the request (including all annexes), (Article 2(3)
of the Fact-Finding (Additional Facility) Rules)). The request should also include the same number of electronic devices containing copies of the request and its annexes.
Documents which are enclosed with the request and which are not in English, French or Spanish must be accompanied by a translation into one of these languages. 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 (Administrative and Financial Regulation 30
: The request must be accompanied by 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 by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat
. A copy of the wire transfer order should be filed with the Request.
Where to Send: Please submit the request in hard copy and electronically to:
Hard Copy (by courier):
Secretary-General of ICSID
1818 H Street, N.W.
Washington, D.C. 20433
Phone No. (202) 458-1534
Fax No. (202) 522-2615Hard Copy (by local messenger)
:701 18th Street, N.W.
(known within the World Bank as the J Building)
Washington, D.C. 20006
Pre-arranged deliveries may be made between 9:00 a.m. – 6:00 p.m., Monday through Friday. Upon arrival, please call an ICSID staff member or ICSID’s general number ((202) 458-1534) in order for ICSID staff to accept delivery.