Written Procedure - ICSID Convention Arbitration

3.1.8-Written-Procedure LP.pngThe parties may agree on the number of written pleadings and the time limits for their submission. The written procedure usually consists of two rounds of pleadings (Arbitration Rule 31):

  • First round: the requesting party files a Memorial followed by the opposing party’s Counter-Memorial.
  • Second round: the requesting party files a Reply followed by the opposing party’s Rejoinder.

The Tribunal may also order, on its own accord or as agreed by the parties, the filing of other submissions such as post-hearing briefs.

Pleadings generally consist of statements of facts, legal submissions and the request for relief. They may be accompanied by relevant evidence, in particular witness statements, expert reports and exhibits.

  • Barton Legum, The Ten Commandments of Written Advocacy in International Arbitration, Arbitration International, Vol. 29, No. 1, pp. 1-6 (2013)
  • Albert Jan van den Berg (ed.), Arbitration Advocacy in Changing Times, Kluwer Law International (2011)
  • R. Doak Bishop & Edward G. Kehoe, The Art of Advocacy in International Arbitration, JurisNet (2010)
  • Mark A. Clodfelter, Written Proceedings in International Investment Arbitration, Litigating International Investment Disputes: A Practitioner’s Guide (Chiara Giorgetti ed.), Brill / Nijhoff, pp. 206-231 (2014)