ICSID Additional Facility Rules
The ICSID Additional Facility was created on September 27, 1978. It offers arbitration, conciliation, and fact-finding services for certain disputes that fall outside the scope of the ICSID Convention. These services are:
- arbitration or conciliation of investment disputes between a State and a foreign national, one of which is not an ICSID Member State or a national of an ICSID Member State;
- arbitration or conciliation of disputes that do not arise directly out of an investment between a State and a foreign national, at least one of which is an ICSID Member State or a national of an ICSID Member State; and
- fact-finding proceedings instituted by any State or a national of any State.
The original Additional Facility Rules were published with non-binding explanatory comments: ICSID Additional Facility (1978).
The Additional Facility 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 two-year period of public consultation. This 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.