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; 61
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; 69(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; 69(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)

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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 divided	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)