How to File a Request for Fact-Finding
Parties commence a fact-finding proceeding by filing a joint Request for fact-finding with the Secretary-General.
Contents of the Request
The Request must:
- be written in English, French or Spanish, or in any other language with ICSID’s approval
- include the name and contact details of all parties (including e-mail, street address and telephone number)
- be signed and dated by the parties or their representatives
- enclose proof of the representatives’ authority to act (e.g., a power of attorney or a letter of engagement)
- if one of the parties is a juridical person, include a statement that it has taken all necessary internal actions to authorize the Request. This statement must be supported by evidence (e.g., a resolution of the board of directors)
- include an indication that the fact-finding proceeding involves a State or an REIO
- include an indication of the facts to be examined and the relevant circumstances
- if a party is a constituent subdivision of a State or an agency of a State or an REIO, include evidence of the consent of the subdivision or agency and the approval of such consent by the State or the REIO, unless the State or the REIO has notified the Centre that no such approval is required (Fact-Finding Rule 2(2))
- contain any proposals or agreements reached by the parties concerning the constitution of a Fact-Finding Committee, the qualifications of its member(s), its mandate and the procedure to be followed during the fact-finding.
A complete Request with all supporting documents should be uploaded onto ICSID's document sharing platform ("Box") and sent to the ICSID Secretariat by email. No hard copies should be sent to ICSID.
1. Upload onto Box
In advance of the transmittal of the Request by email, please contact the ICSID Secretariat at [email protected] to request the creation of a folder on Box and access instructions.
2. Transmittal by email
The Request, its supporting documents and a copy of the lodging fee wire transfer should be sent to ICSIDsecretariat[email protected].
For submissions exceeding 25MB, please send the Request without supporting documents and indicate in your email attaching the Request that you have uploaded the supporting documents indicated in Box, with a list of those documents. Alternatively, supporting documents exceeding 25 MB may be split into several individual emails (not exceeding 25 MB each).
A non-refundable fee of US$1,000 under the current Schedule of Fees, must be paid on or before lodging the Request.
The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat. A copy of the wire transfer order should be filed with the Request.
For further assistance, please contact the ICSID Secretariat.