Confidentiality and Use of Information – ICSID Fact-Finding Rules (2022)


All information relating to the fact-finding and all documents generated in or obtained during the fact-finding proceeding are confidential, unless (i) the parties agree otherwise, (ii) the information or document is independently available, or (iii) disclosure is required by law (Fact-Finding Rule 16(1)).

In addition, unless the parties agree otherwise, the fact that they are seeking or have sought fact-finding is confidential (Fact-Finding Rule 16(2)).

Absent party agreement, no information concerning the proceeding will be published by ICSID (Fact-Finding Administrative and Financial Regulation 3).

Use of Information in Other Proceedings

Unless the parties agree otherwise, neither party may rely in any other proceeding on any positions taken, admissions made, or views expressed by the other party or the members of the Committee during the fact-finding proceeding (Fact-Finding Rule 17).