Selection and Appointment - ICSID Fact-Finding Rules (2022)
Number of Members
Parties may agree on a sole member or any uneven number of members to form a Committee. Should the parties not be able to agree on the number of members within 30 days from the date of registration, the Rules stipulate that there will be a sole member appointed by party agreement (Fact-Finding Rule 9(1))
The fact-finder must be impartial and independent of the parties (Fact-Finding Rule 8(1)). There is no nationality requirement for fact-finders in the Fact-Finding Rules.
In addition to the requirements established by the Fact-Finding Rules, there are practical considerations that parties may wish to consider when selecting a fact-finder. These include, inter alia:
- Experience serving as a fact-finder or investigator
- Relevant technical and scientific expertise
- Relevant training
- Language proficiency
- Experience in international dispute resolution involving States
- Experience working in or with governments, public entities or REIOs
Appointing a Committee Member
The parties should provide ICSID with the full name, nationality and contact information (i.e., mailing address, telephone and fax numbers, email) for the appointee (Fact-Finding Rule 10(1)). ICSID also requests the curriculum vitae of the appointee. Upon receipt of this information, ICSID seeks the appointee’s acceptance of the nomination (Fact-Finding Rule 10(2)). The Secretary-General then notifies the parties of the appointee’s acceptance or refusal (Fact-Finding Rule 10(4)).
Upon acceptance of the appointment, the member must provide a declaration (Fact-Finding Rule 10(3)) addressing matters related to the appointee’s independence, impartiality, availability, and commitment to maintain the confidentiality of the proceeding.
Assistance of the Secretary-General with Appointment
ICSID is available to assist the parties with the identification of experienced fact-finders. The parties may jointly request the assistance of the Secretary-General with any appointment at any time (Fact-Finding Rule 9(2)).
Default Mechanism for Appointing a Committee
If the parties are unable to appoint the Committee within 60 days after the registration of the Request, either party may ask that the Secretary-General appoint the member not yet appointed (Fact-Finding Rule 9(3)). Alternatively, the parties may agree to a different period or procedure.