Deciding Challenges
The Secretary-General of ICSID is available to be designated as the authority to decide a proposal to disqualify an arbitrator in proceedings not conducted under the ICSID Convention or the ICSID Additional Facility Rules. This designation may be made by contract, law, treaty, or by agreement of the parties to the dispute. It may also be included in the applicable arbitration rules. 

Request to Decide Challenge

Filing a Proposal for Disqualification

The party requesting the disqualification of an arbitrator should file a proposal for disqualification with ICSID.

Contents of the proposal: The proposal for disqualification should include the following information and supporting documents:

  • a description of the basis for disqualification;
  • The provision(s) designating the Secretary-General of ICSID as the authority to decide the proposal for disqualification;
  • contact details for all parties to the dispute and tribunal members (i.e., mailing address, e-mail, telephone, fax); and
  • signature of the requesting party or its duly authorized representative. A proposal signed by a representative must enclose proof of the authorization to act, for example, a power of attorney.

Lodging Fee: The proposal for disqualification shall be accompanied by a non-refundable fee of US$10,000 per challenge. This fee covers all disbursements and services rendered in deciding on the proposal for disqualification. The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat by e-mail. 

Number of Copies: The proposal for disqualification should be accompanied by two hard copies for the Centre, one copy for each member of the Tribunal, and as many additional hard copies as there are opposing parties identified in the case. The proposal should also include the same number of electronic devices containing copies of the request and its accompanying documents.

Where to Send: Please submit the request in hard copy and electronically to the following addresses:

Hard Copy (by courier):
Secretary-General of ICSID
1818 H Street, N.W.
MSN J2-200
Washington, D.C. 20433
U.S.A.
Phone No. (202) 458-1534
Fax No. (202) 522-2615
Hard Copy (by local messenger):
701 18th Street, N.W. (known within the World Bank as the J Building)
2nd Floor
Washington, D.C. 20006
U.S.A.
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.
 
Standard for Disqualification and Procedure
When deciding a proposal for disqualification of an arbitrator in a non-ICSID case, the Secretary-General of ICSID will apply the standard for disqualification and the procedure prescribed in the applicable arbitration rules. For example, in proceedings governed by the 2010 UNCITRAL Arbitration Rules, the applicable standard and procedure are set forth in Articles 12 and 13 of these rules.
Once a proposal for disqualification and fee are received, unless the applicable rules prescribe otherwise, the other party to the dispute and the challenged arbitrator are invited to provide observations. The Secretary-General renders a decision promptly after the briefing is completed.
Parties wishing to entrust this role to the Secretary-General of ICSID are welcome to contact the Centre if they have any questions about the process.  
 
  • Meg Kinnear and Frauke Nitschke, Disqualification of Arbitrators Under the ICSID Convention and Rules, Challenges and Recusals of Judges and Arbitrators in International Courts and Tribunals (Chiara Giorgetti ed.), Brill / Nijhoff, pp. 34-79 (2015)