Ancillary Claims - ICSID Convention Arbitration (2022 Rules)

An ancillary claim is an incidental claim, additional claim or a counterclaim. A party may file such a claim if it:

  • arises directly out of the same subject-matter as the main dispute
  • is covered by the parties’ consent to arbitration
  • falls within the jurisdiction of the Centre under Article 25(1) of the ICSID Convention (Article 46 of the ICSID Convention, Arbitration Rule 48(1)).

In addition, ancillary claims must be filed within certain time limits (Arbitration Rule 48(2)). Incidental and additional claims are submitted by the moving party and must be filed no later than with that party’s reply. Counterclaims are submitted by the other party and must be filed no later than with that party’s counter-memorial.

If there is a preliminary objection to an ancillary claim, it must be filed no later than by the date to file the next written submission after the ancillary claim (e.g., the reply if a counterclaim was filed with the counter-memorial).

The Tribunal determines the briefing schedule on the ancillary claim in consultation with the parties and typically rules on the claim in its Award.