There are two steps necessary to commence conciliation under the Additional Facility. A party must: (i) request and obtain the Secretary-General’s approval of an agreement to access the Additional Facility (Application for Access); and (ii) submit a request for conciliation to the Secretary-General (the Request for Conciliation). A party can take these two steps at the same time or in separate phases.
Application for Access
The conditions for access to the Additional Facility are contained in Article 2 and Article 4 of the rules governing the administration of proceedings under the Additional Facility by the ICSID Secretariat (Additional Facility Rules).
The process of filing the Application for Access is governed by Article 4 of the Additional Facility Rules.
Formal Requirements, Information and Documentation
The Application for Access to the Additional Facility must comply with Article 4 of the Additional Facility Rules.
The Application for Access must be:
The Application for Access must include:
The Request for Conciliation
Once the Application for Access has been approved, a party may commence a conciliation under the Additional Facility by submitting a Request for Conciliation to the Secretary-General. Alternatively, the Request for Conciliation can be submitted concurrently with an Application for Access in respect of an existing dispute.
The process of filing the request is governed by Articles 2 and 3 of the Conciliation (Additional Facility) Rules and the Administrative and Financial Regulations (Regulations 16, 30 and 34(1)).
The Request for Conciliation must comply with Articles 2 and 3 of the Conciliation (Additional Facility) Rules.
The request must be:
The request must include:
Optional Information: The request may include any agreement or proposal by the parties regarding the number of conciliators and the method of their appointment, and any other agreements concerning the settlement of the dispute (Article 3(2) of the Conciliation (Additional Facility) Rules).
Number of Copies and Supporting Documents: ICSID requires one original and five hard copies of the request (including all annexes), and an additional hard copy for each opposing party identified in the request (Article 3(3) of the Conciliation (Additional Facility) Rules)). The request should be filed with the same number of electronic storage devices containing copies of the request and its annexes.
Documents which are submitted 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 identified, are translated (Administrative and Financial Regulation 30).
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.
Where to Send: Please submit the Application for Access and the Request for Conciliation in hard copy and electronically:
Hard Copy (by courier): Secretary-General of ICSID1818 H Street, N.W.MSN C3-300Washington, D.C. 20433U.S.A.Phone No. (202) 458-1534Fax No. (202) 522-2615Hard Copy (by local messenger):1225 Connecticut Ave., N. W. (known within the World Bank as the C Building)3rd FloorWashington, D.C. 20036U.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.
Electronic copy: ICSIDsecretariat@worldbank.org