Initial Steps After Registration – Additional Facility Conciliation (2022 Rules)

The proceeding begins when the Request for conciliation is registered. Unless the parties agree otherwise, the applicable Additional Facility Conciliation Rules are those in effect on the date of filing of the Request, unless the parties agree otherwise (Additional Facility Conciliation Rule 1(4)).  

The parties may agree to modify provisions of the Additional Facility Conciliation Rules other than Rules 1-9 (Additional Facility Conciliation Rule 1(2)). If any of the Rules or any agreement of the parties conflicts with a provision of law from which the parties cannot derogate, that provision shall prevail (Additional Facility Conciliation Rule 1(3)). 

Effects of Registration

Once the Request for conciliation is registered:

• The names of the parties and basic case details are posted on the ICSID website
• The parties should constitute the Commission as soon as possible. If they have not already done so, they should endeavor to agree on the number of conciliators and the method of their appointment within 45 days after registration (Additional Facility Conciliation Rule 19(3)) and subsequently select and appoint the members of the Commission within 90 days (Additional Facility Conciliation Rule 23(1))
• Any party that has obtained third-party funding must file a written notice disclosing the name and address of the funder upon registration, or immediately upon concluding a third-party funding arrangement (Additional Facility Conciliation Rule 21). If the third-party funder is a juridical person, the notice must include the names of the persons and entities that own and control that juridical person

The claimant will be asked to make an initial advance payment to cover the costs of the proceeding through the first session of the Commission. This amount will be considered as partial payment of its share of the advances that the parties are requested to make after the constitution of the Commission (Additional Facility Administrative and Financial Regulation 7).