Award - Additional Facility Arbitration (2022 Rules)
There is only one Award in an ICSID Additional Facility case, and it is the Tribunal’s last decision which disposes of the case. Any other ruling before the final Award, such as a decision on liability, is not considered an Award.
If a Tribunal issues a decision on jurisdiction upholding its jurisdiction, such decision forms part of the eventual Award. If a Tribunal decides that it has no jurisdiction, it renders an Award.
The Award is final and binding on the parties and is made at the seat of arbitration (Additional Facility Arbitration Rule 71(3)). There are limited post-award remedies available under the Additional Facility Arbitration Rules.
The Tribunal must render the Award as soon as possible after the last submission in a case (e.g., a post-hearing brief) and in any event within certain timeframes depending on the type of Award being issued:
- 60 days on objections that claims are manifestly without legal merit (Additional Facility Arbitration Rule 51(2)(e))
- 180 days if the Tribunal declines jurisdiction in a bifurcated proceeding addressing jurisdiction (Additional Facility Arbitration Rule 54(3))
- 240 days in all other cases (Additional Facility Arbitration Rule 69(1)).
These time limits are counted from the last submission on the matter (or from Tribunal constitution if all submissions were filed before constitution) and the Tribunal must use best efforts to comply with them (Additional Facility Arbitration Rule 20(1)). If the Tribunal cannot comply, it must send a notice explaining the delay and provide an estimate of the date when it will render the Award.
The parties waive any time limits for rendering the Award which may be provided for by the law of the seat of arbitration (Additional Facility Arbitration Rule 69(3)).
The Award must comply with certain form requirements (Additional Facility Arbitration Rule 70). It must also contain the reasons on which the Award is based, unless the parties have agreed that no reasons are to be given (Additional Facility Arbitration Rule 70(1)(i)).
The questions before the Tribunal must be decided by a majority vote of the Tribunal members and these members must sign the Award. They may do so by electronic means if the parties agree and if electronic signature is allowed by the law of the seat of arbitration (Additional Facility Arbitration Rule 70(2)). Any member may attach an individual opinion (concurring, dissenting or other).
The Award is rendered when ICSID dispatches certified copies of the Award to the parties (Additional Facility Arbitration Rule 71(1)). This is typically done by electronic means. Certified hard copies of the Award may be requested by the parties.
Upon request of the parties, the Secretary-General on behalf of the Tribunal shall file or register the original Award pursuant to the law of the seat of arbitration (Additional Facility Arbitration Rule 71(2)).