In Focus: Choice of Rules

A unique advantage of ICSID is the choice of procedural rules. ICSID is the only institution that administers cases under the most commonly applied rules in investor-State disputes—those of the ICSID Convention.

The ICSID Convention Regulations and Rules—together with the ICSID Additional Facility Rules—are specifically designed for investor-State disputes. They were drafted to reflect the unique characteristics of international investment disputes, striking a careful balance between the interests of investors and host States.

ICSID also has extensive experience in administering cases under the UNCITRAL and other non-ICSID procedural rules. As of March 2021, ICSID has provided a range of services in 78 UNCITRAL cases. In recent years, ICSID has seen growing demand for its services in UNCITRAL cases.

Expertise and Services

ICSID counsel are expert in ICSID and UNCITRAL procedural rules. As a result, ICSID Tribunal Secretaries are trusted advisers to tribunals and parties on all matters of procedure, irrespective of the rules.

ICSID provides the same high level of service to cases under ICSID and UNCITRAL rules. The Secretariat is also able to adjust services to fit specific procedural needs—for example, in accommodating varying levels of transparency and confidentiality.

For any questions related to ICSID’s services under different sets of procedural rules, contact the Secretariat at icsidsecretariat@worldbank.org

Learn More

Comparing an ICSID Convention and ICSID-Administered UNCITRAL Arbitration: This document provides a step-by-step comparison of the arbitral process under the ICSID and UNCITRAL rules, as well as notes on how ICSID’s administrative services cater to parties and tribunals under both sets of rules.

Overview of an UNCITRAL Arbitration Administered by ICSID: This is a comprehensive guide to the process of an case administered under the UNCITRAL Rules of Arbitration.