How to File a Request for Mediation - ICSID Mediation (2022)
A party commences a mediation by filing a Request for mediation with the Secretary-General.
The scope of ICSID mediation is defined in Mediation Rule 2(1). There may be further conditions in the instrument containing the parties’ consent to mediation.
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 requesting party or its representative
- enclose proof of the representative’s authority to act, e.g., a power of attorney or a letter of engagement
- if the requesting party 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 mediation involves a State or a Regional Economic Integration Organization
- include a description of the investment and issues in dispute
- if a party is a constituent subdivision of a State or 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, unless the State or the REIO have notified the Centre that no such approval is required (Mediation Rule 2(2))
- contain any proposals or agreements reached by the parties regarding the appointment and qualifications of the mediator and the procedure to be followed during the mediation.
The Request must also include either:
- a copy of the instrument recording each party’s consent to ICSID mediation (Mediation Rule 5), or
- an offer to the other party to mediate the disputed issues pursuant to the ICSID Mediation Rules (Mediation Rule 6) with a request for the Secretary-General to invite the other party to advise whether it accepts the offer to mediate. In the latter scenario, the Secretary-General will transmit the offer to mediate to the other party, inviting that party to state whether it accepts or rejects the offer. If the offer is rejected or no response is received within 60 days, no further action will be taken on the Request; if the offer is accepted, the review of the Request will continue.
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.
- 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.
- Transmittal by email
The Request, its supporting documents and a copy of the lodging fee wire transfer should be sent to [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 is payable by the party filing the Request or by both parties if the Request is made jointly.
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.