Deliberations - Additional Facility Arbitration (2022 Rules)

The deliberations of the Tribunal take place in private and can be held by any means that the Tribunal considers appropriate, including in person, by telephone or videoconference, or by correspondence (Additional Facility Arbitration Rule 44(2)) .

Agreements concerning the presence of the Tribunal, quorum and the manner in which the Tribunal decides are usually reached at the first session of the Tribunal. A majority of the Tribunal must be present at deliberations, and the parties may agree that all members must be present (Additional Facility Arbitration Rule 43).

Decisions are made by a majority of the votes of the members of the Tribunal (Additional Facility Arbitration Rule 45). The parties may agree that the President of the Tribunal will decide without consulting the other members in urgent situations, subject to possible reconsideration of the decision by the full Tribunal. Such decisions typically relate to the extension of time limits and other urgent procedural questions (Additional Facility Arbitration Rule 19(3)).

Tribunals must conduct the proceeding in an expeditious and cost-effective manner and use their best efforts to meet time limits to render orders, decisions and the Award (Additional Facility Arbitration Rules 11 and 20(1)). To achieve this, Tribunals should deliberate immediately after the last written or oral submission on any matter for decision (Additional Facility Arbitration Rule 44(4)) and use case management tools at their disposal (e.g., case management conferences). The ICSID Secretary of the Tribunal is available to assist Tribunals during deliberations (Additional Facility Arbitration Rule 44(3)).