Chapter IV: Official Languages and Limitation of Liability

Regulation 12: Languages of Rules and Regulations

(1) The ICSID Additional Facility Rules, ICSID Additional Facility Arbitration Rules, ICSID Additional Facility Conciliation Rules, and these Regulations (“ICSID Additional Facility Rules and Regulations”) are published in the official languages of the Centre, English, French and Spanish.

(2) The texts of the ICSID Additional Facility Rules and Regulations are equally authentic in each official language.

(3) Where required by the context, the singular form of a word in the ICSID Additional Facility Rules and Regulations includes the plural form of that word.

(4) Where required by the context, the masculine gender in the French and Spanish versions of the ICSID Additional Facility Rules and Regulations shall be used as a gender-neutral form and shall be understood as referring to the masculine or feminine gender.

Regulation 13: Prohibition of Testimony and Limitation of Liability

(1) Unless required by applicable law or unless the parties and all the members of the Commission or Tribunal agree otherwise in writing, no member of the Commission or Tribunal shall give testimony in any judicial, arbitral or similar proceeding concerning any aspect of the arbitration or conciliation proceeding.

(2) Except to the extent such limitation of liability is prohibited by applicable law, no member of the Commission or Tribunal shall be liable for any act or omission in connection with the exercise of their functions in the arbitration or conciliation proceeding, unless there is fraudulent or willful misconduct.