Chapter II: Institution of the Mediation

Rule 5: Institution of Mediation Based on Prior Party Agreement

  1. If the parties have agreed in writing to mediate pursuant to these Rules, any party wishing to institute a mediation shall file a Request with the Secretary-General and pay the lodging fee published in the schedule of fees.

  2. The Request may be filed by one or more requesting parties, or filed jointly by the parties to the mediation.

  3. The Request shall:

    1. be in English, French or Spanish, or in any other language with the approval of the Secretary-General;

    2. identify each party to the mediation and provide their contact information, including electronic mail address, street address and telephone number;

    3. be signed by each requesting party or its representative and be dated;

    4. attach proof of any representative’s authority to act;

    5. be filed electronically, unless the Secretary-General authorizes the filing of the Request in an alternative format;

    6. if the requesting party is a juridical person, state that it has obtained all necessary internal authorizations to file the Request, and attach the authorizations;

    7. indicate that the mediation involves a State or an REIO, describe the investment to which the mediation relates, and include a brief statement of the issues to be mediated;

    8. contain any proposals or agreements reached by the parties concerning the appointment and qualifications of the mediator and the procedure to be followed during the mediation; and

    9. attach the agreement of the parties to mediate pursuant to these Rules.

  1. Any supporting document in a language other than English, French, Spanish or a language approved by the Secretary-General pursuant to Rule 5(3)(a), shall be accompanied by a translation into one of those languages. Translation of only the relevant part of a document is sufficient, provided that the Secretary-General may require a fuller or complete translation of the document.

  2. Upon receipt of the Request, the Secretary-General shall:

    1. promptly acknowledge receipt of the Request to the requesting party; and

    2. transmit the Request to the other party upon receipt of the lodging fee.

Rule 6: Institution of Mediation Absent a Prior Party Agreement

  1. If the parties have no prior written agreement to mediate pursuant to these Rules, any party wishing to institute a mediation shall file a Request with the Secretary-General and pay the lodging fee published in the schedule of fees.

  2. The Request shall:

    1. comply with the requirements in Rule 5(3)(a)-(h) and 5(4);

    2. include an offer to the other party to mediate pursuant to these Rules; and

    3. request that the Secretary-General invite the other party to advise whether it accepts the offer to mediate.

  1. Upon receipt of the Request, the Secretary-General shall:

    1. promptly acknowledge receipt of the Request to the requesting party;

    2. transmit the Request to the other party upon receipt of the lodging fee; and

    3. invite the other party to inform the Secretary-General within 60 days after transmittal of the Request whether it accepts the offer to mediate.

  1. If the other party informs the Secretary-General that it accepts the offer to mediate, the Secretary-General shall acknowledge receipt and transmit the acceptance of the offer to mediate to the requesting party.

  2. If the other party rejects the offer to mediate or fails to accept the offer to mediate within the 60-day period referred to in paragraph (3)(c) or within such other period as the parties may agree, the Secretary-General shall acknowledge receipt and transmit any communication received to the requesting party and shall inform the parties that no further action will be taken on the Request.

Rule 7: Registration of the Request

  1. Upon receipt of:

    1. the lodging fee; and

    2. a Request pursuant to Rule 5, or a Request and an agreement to mediate pursuant to Rule 6;

      the Secretary-General shall register the Request if it appears, on the basis of the information provided, that the Request is within the scope of Rule 2(1).

  1. The Secretary-General shall notify the parties of the registration of the Request, or the refusal to register the Request and the grounds for refusal.

  2. The notice of registration of the Request shall:

    1. record that the Request is registered and indicate the date of registration;

    2. confirm that all correspondence to the parties in connection with the mediation will be sent to the contact address appearing on the notice, unless different contact information is indicated to the Secretary-General; and

    3. invite the parties to appoint the mediator without delay.