Registration Process and Initial Steps after Registration - ICSID Fact-Finding Rules (2022)

As soon as the parties have filed a joint Request for fact-finding and have paid the prescribed lodging fee, ICSID acknowledges receipt of the Request to the parties.

The Screening Process & Registration

ICSID reviews the Request to determine whether it can be registered. This screening process is mandated by Fact-Finding Rule 7(2).

The ICSID Secretary-General will register the Request if, on the basis of the information provided, the Request falls within the scope of fact-finding proceedings that the Secretariat is authorized to administer; namely, that it relates to an investment, involves a State or a regional economic integration organization, and the parties have consented in writing (Fact-Finding Rule 2(1)).

In the registration notice sent to the parties, the Secretary-General will invite the parties to constitute the Committee without delay.

Effects of Registration

Once the Request for fact-finding is registered:

• The fact-finding proceeding begins. Unless the parties agree otherwise, the applicable Fact-Finding Rules are those in effect at the time the parties file the Request (Fact-Finding Rule 3(3)). The parties may agree to modify provisions of the Fact-Finding Rules other than Rules 1-7 which regulate the institution of the fact-finding.
• The parties should appoint the Committee as soon as possible. If they have not already done so, they should endeavor to agree on the appointment of a sole or an uneven number of members within 30 days after registration (Fact-Finding Rule 9(1)) and subsequently select and appoint the Committee within 60 days (Fact-Finding Rule 9(3)).
• The parties will be asked to make an initial advance payment to cover the costs of the proceeding through the first session (Fact-Finding Administrative and Financial Regulation 7(1)(a)). 

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