ICSID 2022 Rules and Regulations: Resources
This page provides access to 2022 versions of the ICSID Rules and Regulations, guidance on ICSID procedures under these rules, the current Memorandum on Fees and Expenses and Schedule of Fees, and other related content.
Download the Rules and Regulations
The amended ICSID rules comprise four books: 1) arbitration and conciliation under the ICSID Convention; 2) arbitration and conciliation under the Additional Facility; 3) mediation rules; and 4) fact-finding rules.
ICSID Convention, Regulations and Rules
ICSID provides facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States under the ICSID Convention, Regulations and Rules.
ICSID Additional Facility Rules and Regulations
The ICSID Additional Facility offers arbitration and conciliation for certain disputes that fall outside the scope of the ICSID Convention.
Mediation Rules and Regulations
Mediation offers a party-driven approach to dispute settlement. Mediation is voluntary and typically based on a written mediation agreement between the disputing parties.
Fact-Finding Rules and Regulations
Fact-finding at ICSID provides parties the opportunity to constitute a Committee to inquire into and report on relevant circumstances in the pre-dispute phase. Their intent is to avoid legal disputes by providing an impartial assessment of facts arising in a contractual or other business dispute between the parties.
Guidance on Procedures under the 2022 Rules
To assist clients in applying the amended rules, ICSID has prepared detailed guidance on each significant step in the process—from filing a request to post-award remedies.
ICSID Convention Arbitration
An ICSID Convention arbitration proceeding is governed by the ICSID Convention; the ICSID Institution Rules; the ICSID Arbitration Rules; and the ICSID Administrative and Financial Regulations. The process begins with a request for arbitration.
Additional Facility Arbitration
An ICSID Additional Facility arbitration proceeding is governed by the ICSID Additional Facility Rules; the ICSID Additional Facility Arbitration Rules; and the ICSID Additional Facility Administrative and Financial Regulations. The process begins with a request for arbitration.
ICSID Convention Conciliation
An ICSID Convention conciliation proceeding is governed by the ICSID Convention; the ICSID Institution Rules; the ICSID Conciliation Rules; and the ICSID Administrative and Financial Regulations. A party commences a conciliation by filing a request for conciliation with the Secretary-General.
Additional Facility Conciliation
An ICSID Additional Facility conciliation proceeding is governed by the ICSID Additional Facility Rules; the ICSID Additional Facility Conciliation Rules; and the ICSID Additional Facility Administrative and Financial Regulations. A party commences a conciliation by filing a request for conciliation with the Secretary-General.
Mediation
ICSID introduced mediation rules specifically designed for investment-related disputes in 2022. An ICSID mediation is governed by the and ICSID Mediation Rules and the Mediation Administrative and Financial Regulations. A party commences a mediation by filing a Request for mediation with the Secretary-General.
Fact Finding
ICSID has been offering fact-finding proceedings since 1978. Until 2022, fact-finding proceedings were administered under the Additional Facility. Since July 1, 2022, they are governed by their own set of rules. Parties commence a fact-finding proceeding by filing a request with the Secretary-General.
2022 Fees and Expenses in ICSID Proceedings
Memorandum on the Fees and Expenses (2022)
Members of commissions, tribunals, ad hoc committees, fact-finding committees, and mediators in ICSID proceedings are entitled to receive an hourly fee, per diem allowance, and travel and other expense reimbursements. The Memorandum on Fees and Expenses explains those entitlements and how they are calculated, claimed, and paid.
Schedule of Fees (2022)
The Schedule of Fees sets out ICSID's fees and administrative charges, and the hourly fees of members of commissions, tribunals, ad hoc committees, fact-finding committees, and mediators in ICSID proceedings