Initial Steps After Registration - Additional Facility Arbitration (2022 Rules)

The proceeding begins when the Request for arbitration is registered. Unless the parties agree otherwise, the applicable Additional Facility Arbitration Rules are those in effect on the date of filing of the Request (Additional Facility Arbitration Rule 1(4)).

The parties may agree to modify provisions of the Additional Facility Arbitration Rules other than Rules 1-9 (Additional Facility Arbitration Rule 1(2)). If any of the Rules, or any agreement of the parties, conflicts with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision prevails (Additional Facility Arbitration Rule 1(3)).

Effects of Registration

Once the Request for arbitration is registered:

  • The names of the parties and basic case details are posted on the ICSID website
  • The parties should constitute the Tribunal as soon as possible. If they have not already done so, they should endeavor to agree on the number of arbitrators and the method of their appointment within 45 days (Additional Facility Arbitration Rule 24(2)) and subsequently select and appoint the members of the Tribunal within 90 days (Additional Facility Arbitration Rule 26)
  • Any party that has obtained third-party funding must file a written notice disclosing the name and address of the funder upon registration, or immediately upon concluding a third-party funding arrangement (Additional Facility Arbitration Rule 23). If the third-party funder is a juridical person, the notice must include the names of the persons and entities that own and control that juridical person
  • The claimant will be asked to make an initial advance payment to cover the costs of the proceeding through the first session of the Tribunal. This amount will be considered as partial payment of its share of the advances that the parties are requested to make after the constitution of the Tribunal (Additional Facility Administrative and Financial Regulation 7)
  • An administrative charge (US$42,000 under the current Schedule of Fees) is levied upon the registration of the Request for arbitration, divided equally between the parties and deducted from the parties' advances on an annual basis, on the anniversary of the date of registration of the Request
  • A party may file an objection that a claim is manifestly without legal merit (Additional Facility Arbitration Rule 51), a request for provisional measures (Additional Facility Arbitration Rule 57) or a request for security for costs (Additional Facility Arbitration Rule 63). If such objection or request is made before constitution of the Tribunal, the Secretary-General fixes time limits for written submissions so that the Tribunal may consider them promptly upon its constitution. Any other request that is to be decided by the Tribunal will be transmitted to the Tribunal upon its constitution (Additional Facility Arbitration Rule 29(2)). The Tribunal will fix time limits for a briefing schedule, unless the time limits are prescribed by the Rules (Additional Facility Arbitration Rule 18(1)).