Confidentiality – ICSID Additional Facility Conciliation (2022 Rules)

Confidentiality

Under Additional Facility Conciliation Rule 17, all information relating to the conciliation and all documents generated in or obtained during the conciliation are confidential, unless:

• the parties agree otherwise
• the information or document is independently available
• disclosure is required by law or
• the information is to be published by ICSID under Additional Facility Administrative and Financial Regulation 3.

Additional Facility Administrative and Financial Regulation 3 requires the Secretary-General to maintain and publish data concerning the institution, conduct and disposition of the conciliation, including the economic sector involved, the names of the parties and their representatives and the method of constitution and membership of each Commission.

Use of information in other proceedings

Unless the parties agree otherwise, neither party may rely in any other proceeding on any views expressed or admissions or offers of settlement made by the other party or on the Commission’s report, order, decision or any recommendation made by the Commission during the conciliation (Additional Facility Conciliation Rule 18).