Screening and Registration - ICSID Convention Arbitration (2022 Rules)
As soon as a party has filed a Request for arbitration with the prescribed lodging fee, ICSID sends the Request to the other party and reviews the Request to determine whether it can be registered. This screening process is mandated by Article 36(3) of the ICSID Convention and Institution Rule 6.
The Screening Process
The Secretary-General of ICSID must determine whether the dispute is manifestly outside the jurisdiction of the Centre as soon as possible after the Request for arbitration has been filed. This determination is made on the basis of the information contained in the Request.
If one of the requirements in Article 25 of the ICSID Convention is manifestly lacking, the Secretary-General must refuse to register the Request. Otherwise, the dispute must be registered. The decision to register the Request is not subject to appeal, and is without prejudice to the powers of the Tribunal with regard to jurisdiction, competence and the merits (Institution Rule 7).
The screening process takes three weeks on average, depending on whether ICSID needs clarifications, additional information or documentation from the requesting party.
The notice of registration is sent to the parties and basic case details are posted on ICSID’s website. All significant steps in the proceeding are subsequently made publicly available under “Procedural Details” for that case.
The parties are invited to inform ICSID of any agreement as to the number of arbitrators and the method of their appointment, and to constitute a Tribunal as soon as possible. The date of registration triggers time limits concerning agreement on the method to constitute the Tribunal (45 days) and appointment of the members of a Tribunal (90 days).
The Institution Rules apply to steps taken until the registration of the Request.