How to file a Request for Arbitration - ICSID Convention Arbitration (2022 Rules)
A party commences an arbitration under the ICSID Convention by filing a Request for arbitration with the Secretary-General.
The conditions for access to ICSID are contained in Article 25 of the ICSID Convention. There may be further conditions in the instrument containing the parties’ consent to arbitration.
Contents of the Request
Required information and supporting documents (Institution Rule 2)
The Request must:
- be written in English, French or Spanish (the official languages of the Centre)
- include the name and contact details of all parties (including e-mail, street address and telephone number)
- be signed and dated by the requesting party or its representative
- enclose proof of the representative’s authority to act, e.g., a power of attorney or a letter of engagement
- if the requesting party is a juridical person, include a statement that it has taken all necessary internal actions to authorize the Request. This statement must be supported by evidence, e.g., a resolution of the board of directors.
The Request must further include:
- a description of the investment and of its ownership and control
- a summary of the relevant facts and claims
- the request for relief, including an estimate of the amount of damages sought
- an indication that there is a legal dispute between the parties arising directly out of the investment
- a copy of the instrument recording each party’s consent to submit the dispute to arbitration under the ICSID Convention, the date of entry into force of that instrument and evidence of its entry into force
- The date of consent is the date on which the parties to the dispute consented in writing to submit it to the Centre; if both parties did not act on the same day, it means the date on which the second party acted (Institution Rule 2(2)(b)(iii))
- If the consent is in a treaty or law, evidence of its entry into force (e.g., an extract from a government website showing the date of entry into force or a copy from a State's collection of laws)
- If the consent is in a contract, the Request must enclose a copy of the signed contract and its effective date
- an indication that the requesting party has complied with any condition for submission of the dispute in the instrument of consent (e.g., compliance with negotiation periods)
- if a party is a natural person, his/her nationality on the date of consent and the date of the Request together with evidence of such nationality (e.g., a passport), and a statement that he/she was not a national of the State party to the dispute on either date (Article 25(2)(a)) of the Convention)
- if a party is a company or other juridical person, its nationality on the date of consent together with evidence of such nationality, (e.g., an extract from a commercial register)
- if a party is a constituent subdivision or agency of a Member State, a statement that it has been designated to the Centre by that State for the purposes of Article 25(1) of the Convention
- The Request must also enclose evidence of the consent of the subdivision or agency and the approval of such consent by the State, unless the State has notified the Centre that no such approval is required (Article 25(3) of the Convention and Measures Taken by ICSID Contracting States for the Purpose of the Convention (Doc. ICSID/8)).
Recommended Additional Information (Institution Rule 3)
It is recommended that the Request also include:
- any agreement by the parties or proposal regarding:
- the number of arbitrators and the method of their appointment
- the language(s) to be used in the proceeding (English, French or Spanish)
- the use of expedited arbitration under Chapter XII of the ICSID Arbitration Rules
- the names of persons and entities that own or control the requesting party if it is a juridical person.
Translation and Extracts of Supporting Documents (Institution Rule 4)
Supporting documents which are enclosed with the Request and are not in English, French or Spanish must be accompanied by a translation into one of these languages. It is sufficient if only the relevant parts are translated (Institution Rule 4(4)). Extracts of documents can be filed as supporting documents if the extract is not misleading (Institution Rule 4(2)).
A complete request with all supporting documents should be uploaded onto ICSID's document sharing platform ("Box") and sent to the ICSID Secretariat by email. No hard copies should be sent to ICSID.
- Upload onto Box
In advance of the transmittal of the Request by email, please contact the ICSID Secretariat at ICSIDsecretariat@worldbank.org to request the creation of a folder on Box and access instructions.
- Transmittal by email
The Request, its supporting documents and a copy of the lodging fee wire transfer should be sent to ICSIDsecretariat@worldbank.org.
For submissions exceeding 25MB, please send the Request without supporting documents and indicate in your email attaching the Request that you have uploaded the supporting documents to Box, with a list of those documents. Alternatively, supporting documents exceeding 25 MB may be split into several individual emails (not exceeding 25 MB each).
A non-refundable fee of US$25,000 under the current Schedule of Fees, must be paid on or before lodging the Request. The fee is payable by the party filing the Request or by both parties if the Request is made jointly.
The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat. A copy of the wire transfer order should be filed with the Request.
For further assistance, please contact the ICSID Secretariat.