ICSID Rules and Regulations

ICSID offers specialized rules of procedure for arbitration, conciliation, fact-finding, and mediation. These are the most commonly used procedural rules in investor-State dispute settlement. 

arbitration tribunal

ICSID Convention, Regulations and Rules

The procedural rules for arbitration and conciliation under the ICSID Convention may be used to settle disputes between an ICSID Contracting State—the term given to States that have ratified the ICSID Convention—and nationals of another Contracting State. The arbitration rules benefit from a robust enforcement mechanism, as Contracting States agree that an ICSID Convention award will be treated as a final judgement of their courts. 

Hearing photo

ICSID Additional Facility Rules

The Additional Facility Rules for arbitration and conciliation are in most ways the same as those of the ICSID Convention, but have different jurisdictional requirements. They may be used when neither the State nor the investor is an ICSID Contracting State or a national of one. The Additional Facility Rules are also available to regional economic integration organizations. 

Conference room

ICSID Mediation Rules

Mediation offers a party-driven approach to dispute settlement. The mediator's role is to facilitate the parties' negotiations, for example, by helping each party to identify its interests, overcome barriers to settlement, and develop possible settlement options with the parties. Mediation is entirely voluntary and typically based on a written mediation agreement between the disputing parties. 

glasses on paper

ICSID Fact-Finding Rules

Fact-finding provides parties with the opportunity to constitute a Committee to inquire into and report on relevant circumstances in the pre-dispute phase. Their intent is to avoid legal disputes by providing an impartial assessment of facts arising in a contractual or other business dispute between the parties.