The Report - ICSID Convention Conciliation
3.2.10-Report-LP.pngThe Commission issues a Report at the end of the conciliation proceeding. In its Report the Commission can:
  • decline jurisdiction;
  • record the parties’ failure to reach an agreement;
  • record a party’s failure to appear or participate in the proceeding; or
  • (iv) record the parties’ agreement.
The Commission provides notice to the parties before issuing the Report if it considers that there is no likelihood of agreement between the parties or if a party fails to appear or participate in the proceeding (Conciliation Rule 30(2)).
The Commission closes the proceeding after giving such notice or if it finds that it has no jurisdiction or if the parties have reached an agreement. The Report must be issued within 60 days after closing the proceedings (Conciliation Rule 31).
A Report that records the parties’ agreement may contain the detailed terms and conditions of such agreement if the parties wish. The Report must record any agreement by the parties with respect to the use of information obtained during the proceeding (Conciliation Rule 32(2)).
The Report cannot be published by ICSID without the consent of the parties (Conciliation Rule 33(3)).