How to file a Request for Fact-Finding Proceedings
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 and 2 of the Fact-Finding (Additional Facility) Rules and the Administrative and Financial Regulations (Regulations 16, 30 and 34(1)). 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 electronic mail address, street address and telephone).
    • 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.
Submitting the request for fact-finding: The request for fact-finding and any supporting documentation should be sent by email to the ICSID Secretariat at ICSIDsecretariat@worldbank.org. Please note that the ICSID server does not accept emails larger than 25 MB. For submissions exceeding this size, please use an electronic file sharing platform or contact the ICSID Secretariat for assistance. The request for fact-finding shall designate each party to the dispute and provide their contact information, including electronic mail address, street address and telephone number.
 
Lodging Fee: 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.

For further assistance, please call an ICSID staff member or ICSID’s general number ((202) 458-1534).