ICSID Arbitration (Additional Facility) Rules
The ICSID Arbitration (Additional Facility) Rules (Additional Facility Arbitration Rules) apply to arbitrations commenced under the ICSID Additional Facility. They address:
- the scope of application of these rules (Chapter I);
- institution of proceedings (Chapter II);
- the Tribunal, including constitution of tribunals (Chapter III);
- place of arbitration (Chapter IV);
- working of the Tribunal (Chapter V);
- general procedural provisions (Chapter VI);
- written and oral procedures (Chapter VII);
- particular procedures such as preliminary objections, provisional measures and discontinuance (Chapter VIII);
- the award (Chapter IX);
- costs (Chapter X); and
- final provisions (Chapter XI).
The original Additional Facility Arbitration Rules were published with non-binding explanatory comments: ICSID Additional Facility Rules (1978).
The Additional Facility Arbitration Rules have subsequently been amended twice. The first amendment was approved on September 29, 2002 and was effective on January 1, 2003 (ICSID Additional Facility Rules 2003).
The current rules were approved by written vote of the Administrative Council in early 2006 and came into effect on April 10, 2006: ICSID Additional Facility Rules (2006). They were adopted after a 2-year period of public consultation. This consultation included a discussion paper released on October 22, 2004 on Possible Improvements of the Framework for ICSID Arbitration and a working paper released on May 12, 2005 on Suggested Changes to the ICSID Rules and Regulations.