Buscar

The parties may agree on the number of written pleadings and the time limits for their submission. The written procedure usually consists of two rounds of pleadings (Arbitration Rule 31): First round: the requesting party files a Memorial followed by the opposing party’s Counter-Memorial. Second...

Awards are final and binding on the parties to the dispute. They are subject to the limited post-award remedies provided for in the Convention. The remedies are available in respect of an award rendered under Article 48 of the Convention, as opposed to decisions issued by the Tribunal during the...

Except as otherwise agreed, the oral procedure follows parties’ written submissions (Arbitration Rule 29). The oral procedure consists of hearings and procedural sessions. Most hearings are held in person, while procedural sessions (such as the first session of the Tribunal) are often held by...

The parties should file evidence in support of their claim or defence with their written pleadings.  Such evidence must seek to prove or disprove facts upon which they wish to rely (Arbitration Rules 24 and 33). Evidence filed in the written process can be documentary (e.g. exhibits, witness...

In addition to the arbitration, conciliation and fact-finding procedures provided by the ICSID Convention and Rules, disputing parties may select other alternative dispute resolution mechanisms, such as early neutral evaluation, facilitated negotiation and/or mediation. Although these other...

  The ICSID Convention entitles each Member State to designate up to four persons to the Panel of Arbitrators and up to four persons to the Panel of Conciliators (Article 12 to 16 of the ICSID Convention). In addition, the Chairman of the Administrative Council of ICSID may designate up to ten...

In conciliation  proceedings, the fees and expenses of conciliators and the administrative charges relating to the use of ICSID’s facilities are borne equally by the parties. Each party bears its own expenses incurred in connection with the conciliation proceedings, including its legal costs (...

The ICSID Fact-Finding (Additional Facility) Rules offer 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...

Non-ICSID cases may be administered by ICSID by agreement of the parties either prior to the appointment of arbitrators or once the Tribunal is constituted. The parties to the dispute or the Tribunal, on behalf of the parties, should request ICSID to provide administrative services. Content: The...

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-...