Chapter I: General Provisions

Rule 1: Definitions

  1. “Secretariat” means the Secretariat of the Centre.

  2. “Regional Economic Integration Organization” or “REIO” means an organization constituted by States to which they have transferred competence in respect of matters governed by these Rules, including the authority to make decisions binding on them in respect of such matters.

  3. “Centre” or “ICSID” means the International Centre for Settlement of Investment Disputes established pursuant to Article 1 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

  4. “Request” means a request for mediation together with the required supporting documents.

  5. “Secretary-General” means the Secretary-General of the Centre.

  6. “Schedule of fees” means the schedule of fees published by the Secretary-General.

Rule 2: Mediation Proceedings

  1. The Secretariat is authorized to administer mediations that relate to an investment, involve a State or an REIO, and which the parties consent in writing to submit to the Centre.

  2. Reference to a State or an REIO includes a constituent subdivision of the State, or an agency of the State or the REIO. The State or the REIO must approve the consent of the constituent subdivision or agency which is a party to the mediation pursuant to paragraph (1), unless the State or the REIO concerned notifies the Centre that no such approval is required.

  3. The ICSID Mediation Administrative and Financial Regulations shall apply to mediations pursuant to these Rules.

Rule 3: Application of Rules

  1. These Rules shall apply to any mediation conducted pursuant to Rule 2.

  2. The parties may agree to modify the application of any of these Rules other than Rules 1-7.

  3. If any of these Rules, or any agreement pursuant to paragraph (2), conflicts with a provision of law from which the parties cannot derogate, that provision shall prevail.

  4. The applicable ICSID Mediation Rules are those in force on the date of filing the Request, unless the parties agree otherwise.

Rule 4: Party Representative

Each party may be represented or assisted by agents, counsel, advocates or other advisors, whose names and proof of authority to act shall be promptly notified by that party to the Secretary-General (“representative(s)”).