Time Limits and Extension of Time Limits - ICSID Convention Arbitration (2022)

The Tribunal and the parties have a duty to conduct the proceeding in good faith and in an expeditious and cost-effective manner (Arbitration Rule 3). This duty is supported by other provisions in the Arbitration Rules, e.g., with regard to time limits applicable to the parties and to the Tribunal.

Time Limits Applicable to the Parties

The Tribunal (or the Secretary-General for certain procedures if there is no Tribunal) fixes time limits for the various steps in the proceeding after consulting the parties (Arbitration Rule 10). The procedural calendar is typically established at the first session.

In addition, some time limits applicable to the parties are prescribed by the ICSID Convention and the Arbitration Rules.

Time Limits Applicable to Parties Prescribed by the ICSID Convention and/or Arbitration Rules

Type of Request/
Submission/Notice/
Agreement

Time Limit

Arbitration Rule

Notice of Third-party Funding

 

Upon registration or immediately upon concluding a third-party funding arrangement after registration

 

14(1)&(2)

 

Agreement on Method of Appointment

 

Within 45 days after the date of registration

15(2)

 

Request for the Chair to appoint missing arbitrators

90 days after the date of registration

Art. 38 of the ICSID Convention

Proposal for Disqualification of an Arbitrator

Within 21 days after the later of:

  • the constitution of the Tribunal; or
  • the date on which the party proposing the disqualification first knew or first should have known of the facts on which the proposal is based

 

22(1)(a)

 

Response to Proposal for Disqualification

Within 21 days after receipt of proposal

 

22(1)(c)

Final written submissions on Proposal for Disqualification

Within 7 days after expiry of time limit in AR 22(1)(d) or after receipt of arbitrator’s statement

 

22(1)(e)

 

Objection that a Claim is Manifestly Without Legal Merit

No later than 45 days after the constitution of the Tribunal

 

41(2)(a)

 

Request for Bifurcation (not relating to preliminary objections)

As soon as possible

42(3)(a)

 

Notification of intent to file Preliminary Objections

As soon as possible

43(2)

 

Request for Bifurcation of Preliminary Objections

Within 45 days after:

  • the filing the memorial on the merits;
  • the filing of the written submission containing the ancillary claim if the objection relates to an ancillary claim; or
  • as soon as possible after the facts on which the preliminary objection is based become known to a party, if those facts were unknown to the party on the relevant dates

 

44(1)(a)

 

Preliminary Objections without a Request for Bifurcation

No later than the date to file the counter-memorial on the merits; or

No later than the date to file the next written submission after an ancillary claim is made, if the objection relates to the ancillary claim

45(b)

 

Memorial on Ancillary Claims

 

Incidental or additional claim: no later than in the reply

Counter-claim: no later than in the counter-memorial

(unless the Tribunal decides otherwise)

48(2)

 

Default

Grace period cannot exceed 60 days

Art. 45(2) of the ICSID Convention;

49(3)

Discontinuance for Failure of Parties to Act

30 days after the notice that no step has been taken for 150 consecutive days

57(2)

Publication of Awards and Decisions on Annulment

Consent is deemed given if no party objects in writing to publication within 60 days after the dispatch of the Award or decision

62

Publication of Orders and Decisions

60 days to notify redactions and indicate any dispute concerning redactions

63

Request for Supplementary Decision and Rectification

 

Within 45 days after dispatch of the Award

Art. 49(2) of the ICSID Convention; 60

Application for Revision

 

 

Within 90 days after the discovery of a fact of such a nature as decisively to affect the Award, and in any event within three years after the Award was rendered

Art. 51(2) of the ICSID Convention; 67(4)

Application for Annulment

 

Within 120 days after:

  • the date on which the Award was rendered if the application is based on any of the grounds in Article 52(1)(a), (b), (d) or (e); or
  • the discovery of corruption on the part of a Tribunal member and in any event within three years after the date on which the Award was rendered if the application is based on Article 52(1)(c).

Art. 52(2) of the ICSID Convention; 67(5)

 

Extension of Time Limits Applicable to the Parties

Time limits fixed by the Tribunal (or by the Secretary-General if there is no Tribunal) may be extended by the Tribunal (or the Secretary-General) or by agreement of the parties. A party must file a reasoned request for an extension of such time limit before it expires (Arbitration Rule 11(3)).

Some of the time limits prescribed by the ICSID Convention or the Arbitration Rules (for example, relating to post-award remedy applications) cannot be extended; the others can only be extended by agreement of the parties, unless the Tribunal decides that there are special circumstances justifying the failure to meet the time limit (Arbitration Rule 11(1) and (2)).

Extension of Time Limits Applicable to the Parties (Arbitration Rule 11)

chart

Time Limits Applicable to the Tribunal

The Arbitration Rules also prescribe time limits applicable to the Tribunal. These are best efforts obligations (Arbitration Rule 12(1)). The failure to meet a time limit would not constitute a ground for challenging the validity of an Award or the Tribunal’s jurisdiction.

If a Tribunal cannot comply with a time limit, it must advise the parties of the special circumstances justifying the delay and provide an estimate of when the relevant ruling will be issued (Arbitration Rule 12(2)). Failure to do so may lead to the postponement of the payment of an arbitrator’s claim for fees. Information concerning outstanding rulings will be posted under the procedural details of the relevant case.

 

Type of Decision/
Order/Award

Time Limit

Arbitration Rule

Procedural Order No. 1

Within 15 days after the later of the First Session or the last written submission on procedural matters addressed at the first session

 

29(5)

Decision on Proposal to Disqualify

Within 30 days after

  • the final submission by the parties
  • expiry of the time limit for the final submission OR
  • the notice that the arbitrators are equally decided

 

23(3); 22(1)(e); and 23(2)(a)

Decision or Award on the objection that a claim manifestly lacks legal merit

Within 60 days after the later of the constitution of the Tribunal or the last submission on the objection

 

41(2)(e);  58(1)(a)

Decision on Bifurcation

Within 30 days after the last submission on the request

 

42(3)(d); 44(1)(e)

Decision or Award on Jurisdiction

Within 180 days after the last submission

44(3)(c); 58(1)(b)

Award on the Merits

Within 240 days after the last submission

 

44(4)(c); 45(d); 58(1)(c)

Decision on Provisional Measures

Within 30 days after the later of the constitution of the Tribunal or the last submission on the request

 

47(2)(d)

Decision on Security for Costs

Within 30 days after the later of the constitution of the Tribunal or the last submission on the request

 

53(2)(d)

Decision on rectification/ supplementary decision

Within 60 days after the last submission on the request

61(7)

Decision on whether to permit a submission by a non-disputing party

Within 30 days after the last written submission on the application

67(5)

Decision on Annulment, Revision and Interpretation

Within 120 days after the last submission on the application

 

72(5)

Decision on Stay of Enforcement

Within 30 days after the later of the constitution of the Tribunal/ Committee or the last submission on the request

 

73(3)(d)

Award in Expedited Arbitration

Within 120 days after the hearing

 

81(1)(i)

Decision on Rectification or Supplementary Decision in Expedited Arbitration

Within 30 days after the last submission on the request

83

Decision on Interpretation, Revision or Annulment in Expedited Arbitration

Within 60 days after the hearing

84(1)(f)