Appointing a ConciliatorThe parties should provide ICSID with the following information in respect of a conciliator appointment:
Once a conciliator is appointed, ICSID seeks the appointee’s acceptance of the nomination. The Secretary-General then notifies the parties of the appointee’s acceptance or refusal.If a conciliator refuses or fails to accept the appointment within 15 days, ICSID will invite the appointing party to nominate another conciliator.Default Mechanism for Appointing a ConciliatorIf the parties are unable to appoint all members of the Commission within 90 days of the registration of the request for conciliation, either party may request that the Chairman of the ICSID Administrative Council appoint the conciliator(s) not yet appointed (Article 30 of the ICSID Convention).When a party makes such a request in respect of the Sole Conciliator or President of the Commission, ICSID first conducts a ballot procedure:
A successful ballot is considered an appointment by agreement of the parties under the established method of constituting the Commission.If there is no agreement by the parties, ICSID names a person from the
Panel of Conciliators, pursuant to
Article 30 of the Convention. Before the person is appointed, the parties are given the opportunity to raise any circumstance showing that the person lacks the required qualities under the ICSID Convention (Article 14(1) of the Convention).Until the process is completed, the parties may appoint conciliators under the established method of constitution or by agreement.The Centre endeavors to complete the appointment process within 30 days of the request for appointment.