Written Procedure - ICSID Convention Arbitration (2022 Rules)

The written procedure usually consists of two rounds of pleadings (Arbitration Rule 30):

• First round: the requesting party files a Memorial followed by the opposing party’s Counter-Memorial
• Second round: the requesting party files a Reply followed by the opposing party’s Rejoinder. A Reply and Rejoinder is limited to responding to the previous written submissions or to addressing new facts that could not have been known at the time of the first round of pleadings (Arbitration Rule 30(2)).

The parties may agree to vary  the number of written pleadings and are invited to agree on the time limits for their submissions. The Tribunal may also order, on its own accord or as agreed with the parties, the filing of other submissions such as post-hearing briefs.

The pleading schedule is typically discussed at the first session of the Tribunal and any party agreement or determination by the Tribunal is recorded in Procedural Order No. 1.  

Pleadings generally consist of statements of facts, law and arguments, and the request for relief. They may be accompanied by relevant evidence, in particular witness statements, expert reports and exhibits.

The parties must request leave from the Tribunal if they would like to file unscheduled submissions, observations or evidence, unless the relevant filing is provided for by the Convention or the Rules (Arbitration Rule 30(3)).