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Written Procedure - ICSID Convention (2006 Rules)
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…
Post-Award Remedies
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…
Evidence
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…
Memorandum on Signature and Ratification, Acceptance or Approval of the ICSID Convention
The Memorandum on Signature and Ratification, Acceptance or Approval of the ICSID Convention is a practical guide to the World Bank's depositary practice under the ICSID Convention designed for use by States.
Panels of Arbitrators and of Conciliators
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…
Costs - Additional Facility Conciliation (2006 Rules)
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 (…
Cost Submissions - Additional Facility Arbitration (2006 Rules)
In most cases, advance payments for costs of the Tribunal and ICSID fees and expenses are requested in equal parts from the parties and the Tribunal decides on the allocation of costs in the award. Unless the parties agree otherwise, a Tribunal can allocate the cost of any part of the proceeding…
Additional Facility Fact-Finding Rules
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…
First Session - Additional Facility Conciliation (2006 Rules)
The purpose of the first session of the Commission is to ascertain the parties’ agreements or separate views on procedural questions such as the applicable conciliation rules, language(s) to be used, place of proceedings, and the procedural calendar. The session enables the Commission to fix dates…
Other Alternative Dispute Resolution Mechanisms
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…