The International Centre for Settlement of Investment Disputes (ICSID) is taking further steps to reduce reliance on paper-filings in its cases. Beginning March 16, 2020, the following default procedure will apply at ICSID:
• ICSID requires only an electronic copy of a request for arbitration or post-award application (i.e. a request for a supplementary decision or rectification, or an application for interpretation, revision or annulment) and any accompanying documents. The same applies for a request for conciliation or fact-finding proceeding.
• ICSID encourages parties to submit all written submissions, and any supporting documentation, including witness statements and expert reports, electronically. Arbitrators, conciliators and ad-hoc Committee members are also encouraged to use electronic copies of case-related documents.
These measures build on ICSID’s ongoing commitment to leverage information technology to make its proceedings more efficient and environmentally friendly. In practice, electronic filing will make use of email and the secure online file-sharing platforms that are available to parties and Tribunals in ICSID cases.
“Given the state of information technology—and the ease with which participants in ICSID cases have adapted to online file sharing in recent years—it made sense to make electronic filing the norm”, said Meg Kinnear, ICSID’s Secretary-General. “The result will be cost and time-savings to parties”.
For any questions about how to implement these practices in the context of pending cases, please contact the relevant Tribunal or Committee Secretary. For general queries, contact [email protected].