(1) These Rules shall apply to any arbitration proceeding conducted under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“Convention”) in accordance with Article 44 of the Convention.
(2) The Tribunal shall apply any agreement of the parties on procedural matters to the extent that it does not conflict with the Convention or the ICSID Administrative and Financial Regulations.
(1) For the purposes of these Rules, “party” includes all parties acting as claimant or as respondent.
(2) Each party may be represented or assisted by agents, counsel, advocates or other advisors, whose names and proof of authority to act shall be promptly notified by that party to the Secretary-General (“representative(s)”).
(1) The Tribunal and the parties shall conduct the proceeding in good faith and in an expeditious and cost-effective manner.
(2) The Tribunal shall treat the parties equally and provide each party with a reasonable opportunity to present its case.
(1) A document to be filed in the proceeding shall be filed with the Secretary-General, who shall acknowledge its receipt.
(2) Documents shall be filed electronically. In special circumstances, the Tribunal may order that documents also be filed in a different format.
(1) Supporting documents, including witness statements, expert reports, exhibits and legal authorities, shall be filed together with the request, written submission, observations or communication to which they relate.
(2) An extract of a document may be filed as a supporting document if the extract is not misleading. The Tribunal or a party may require a fuller extract or a complete version of the document.
(3) If the authenticity of a supporting document is disputed, the Tribunal may order a party to provide a certified copy or to make the original available for examination.
The Secretary-General shall transmit a document filed in the proceeding to:
(a) the other party, unless the parties communicate directly with each other;
(b) the Tribunal, unless the parties communicate directly with the Tribunal on request of the Tribunal or by agreement of the parties; and
(c) the Chairman of the Administrative Council (“Chair”) if applicable.
(1) The parties may agree to use one or two procedural languages in the proceeding. The parties shall consult with the Tribunal and the Secretary-General regarding the use of a language that is not an official language of the Centre. If the parties do not agree on the procedural language(s), each party may select one of the official languages of the Centre.
(2) In a proceeding with one procedural language:
(a) documents shall be filed and hearings shall be conducted in that procedural language;
(b) documents in another language shall be accompanied by a translation into that procedural language; and
(c) testimony in another language shall be interpreted into that procedural language.
(3) In a proceeding with two procedural languages:
(a) documents may be filed and hearings may be conducted in either procedural language, unless the Tribunal orders that a document be filed in both procedural languages or that a hearing be conducted with interpretation into both procedural languages;
(b) documents in another language shall be accompanied by a translation into either procedural language, unless the Tribunal orders translation into both procedural languages;
(c) testimony in another language shall be interpreted into either procedural language, unless the Tribunal orders interpretation into both procedural languages;
(d) the Tribunal and the Secretary-General may communicate in either procedural language; and
(e) all orders, decisions and the Award shall be rendered in both procedural languages, unless the parties agree otherwise.
(4) Translation of only the relevant part of a supporting document is sufficient, unless the Tribunal orders a party to provide a fuller or a complete translation. If the translation is disputed, the Tribunal may order a party to provide a certified translation.
A party may correct an accidental error in a document promptly upon discovery and before the Award is rendered. The parties may refer any dispute regarding a correction to the Tribunal for determination.
(1) References to time shall be determined based on the time at the seat of the Centre on the relevant date.
(2) Any time limit expressed as a period of time shall be calculated from the day after the date on which:
(a) the Tribunal, or the Secretary-General if applicable, announces the period; or
(b) the procedural step starting the period is taken.
(3) A time limit shall be satisfied if a procedural step is taken or a document is received by the Secretary-General on the relevant date, or on the subsequent business day if the date falls on a Saturday or Sunday.
(1) The Tribunal, or the Secretary-General if applicable, shall fix time limits for the completion of each procedural step in the proceeding, other than time limits prescribed by the Convention or these Rules.
(2) In fixing time limits pursuant to paragraph (1), the Tribunal, or the Secretary-General if applicable, shall consult with the parties as far as possible.
(3) The Tribunal may delegate the power to fix time limits to its President.
(1) The time limits in Articles 49, 51 and 52 of the Convention cannot be extended. An application or request filed after the expiry of such time limits shall be disregarded.
(2) A time limit prescribed by the Convention or these Rules, other than those referred to in paragraph (1), may only be extended by agreement of the parties. A procedural step taken or document received after the expiry of such time limit shall be disregarded, unless the parties agree otherwise or the Tribunal decides that there are special circumstances justifying the failure to meet the time limit.
(3) A time limit fixed by the Tribunal or the Secretary-General may be extended by agreement of the parties or the Tribunal, or the Secretary-General if applicable, upon reasoned application by either party made prior to its expiry. A procedural step taken or document received after the expiry of such time limit shall be disregarded, unless the parties agree otherwise or the Tribunal, or the Secretary-General if applicable, decides that there are special circumstances justifying the failure to meet the time limit.
(4) The Tribunal may delegate the power to extend time limits to its President.
(1) The Tribunal shall use best efforts to meet time limits to render orders, decisions and the Award.
(2) If the Tribunal cannot comply with an applicable time limit, it shall advise the parties of the special circumstances justifying the delay and the date when it anticipates rendering the order, decision or Award.