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Screening and Registration - ICSID Convention (2006 Rules)
As soon as a party has filed a request for arbitration with the prescribed lodging fee, ICSID sends the request to the other party and reviews the request to determine whether it can be registered. This screening process is mandated by Article 36(3) of the ICSID Convention and Institution Rule 6.…
Recognition and Enforcement - ICSID Convention (2006 Rules)
An award of a Tribunal is binding on all parties to the proceeding and each party must comply with it pursuant to its terms (Article 53(1) of the ICSID Convention). If a party fails to comply with the award, the other party can seek to have the pecuniary obligations recognized and enforced in the…
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…
Overview of an Arbitration - ICSID Convention (2006 Rules)
Overview of an Arbitration under the ICSID Convention
An ICSID Convention arbitration proceeding is governed by:
the ICSID Convention;
the Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules);
the Rules of Procedure for Arbitration Proceedings…
Number of Arbitrators and Method of Appointment - ICSID Convention (2006 Rules)
Parties should agree on the number of arbitrators on a Tribunal and the method of their appointment. If they cannot agree, ICSID’s default mechanism will apply (Article 37 of the ICSID Convention and Arbitration Rules 2 and 3).Method of Constitution of a Tribunal
Party Agreement
As a first…
How to file a Request for Arbitration - ICSID Convention (2006 Rules)
A party commences an arbitration under the ICSID Convention by submitting a request for arbitration to the Secretary-General.
The conditions for access to ICSID are contained in Article 25 of the ICSID Convention. There may be further conditions in the instrument containing the parties’ consent…
First Session - ICSID Convention (2006 Rules)
The purpose of the first session of the Tribunal is to ascertain the parties’ agreements or separate views on procedural questions such as the applicable arbitration rules, language(s) to be used, place of proceedings, and the procedural calendar. The session enables the Tribunal to set a schedule…
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…
Deliberations - ICSID Convention (2006 Rules)
The deliberations of the Tribunal take place in private, usually immediately after a hearing or procedural session when the members of the Tribunal are all gathered for an in-person meeting. Deliberations can also held by telephone or videoconference or by correspondence (Arbitration Rule 16(2)).…
Cost Submissions - ICSID Convention (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 (with the exception of annulment proceedings, see Cost of Proceedings) and the Tribunal decides on the allocation of costs in the award. Unless the parties agree…