Deliberations - ICSID Convention 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, videoconference or correspondence (Arbitration Rule 34(2)).

Agreements concerning the presence and quorum of arbitrators 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 (Arbitration Rule 33).

Decisions are made by a majority of the votes of the members of the Tribunal (Arbitration Rule 35). 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 (Arbitration Rule 11(4)).

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 (Arbitration Rules 3 and 12(1)). To achieve this, Tribunals should deliberate immediately after the last written or oral submission on any matter for decision (Arbitration Rule 34(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 (Arbitration Rule 34(3)).