Chapter IV: Conduct of the Conciliation

Rule 24: Functions of the Commission

(1) The Commission shall clarify the issues in dispute and assist the parties in reaching a mutually acceptable resolution of all or part of the dispute.

(2) In order to bring about agreement between the parties, the Commission may, at any stage of the proceeding, after consulting with the parties, recommend:

(a) specific terms of settlement to the parties; or

(b) that the parties refrain from taking specific action that might aggravate the dispute while the conciliation is ongoing.

(3) Recommendations may be made orally or in writing. Either party may request that the Commission provide reasons for any recommendation. The Commission may invite each party to provide observations concerning any recommendation made.

(4) At any stage of the proceeding, the Commission may:

(a) request explanations, documents or other information from either party or other persons;

(b) communicate with the parties jointly or separately; or

(c) visit any place connected with the dispute or conduct inquiries with the agreement and participation of the parties.

Rule 25: General Duties of the Commission

(1) The Commission shall conduct the proceeding in good faith and in an expeditious and cost-effective manner.

(2) The Commission shall treat the parties equally and provide each party with a reasonable opportunity to appear and participate in the proceeding.

Rule 26: Orders, Decisions and Agreements

(1) The Commission shall make the orders and decisions required for the conduct of the conciliation.

(2) The Commission shall make decisions by a majority of the votes of all its members. Abstentions shall count as a negative vote.

(3) Orders and decisions may be made by any appropriate means of communication and may be signed by the President on behalf of the Commission.

(4) The Commission shall apply any agreement of the parties on procedural matters to the extent that it does not conflict with the Convention and the ICSID Administrative and Financial Regulations.

Rule 27: Quorum

The participation of a majority of the members of the Commission by any appropriate means of communication shall be required at the first session, meetings and deliberations, unless the parties agree otherwise.

Rule 28: Deliberations

(1) The deliberations of the Commission shall take place in private and remain confidential.

(2) The Commission may deliberate at any place and by any means it considers appropriate.

(3) The Commission may be assisted by the Secretary of the Commission at its deliberations. No other person shall assist the Commission at its deliberations, unless the Commission decides otherwise and notifies the parties.

Rule 29: Cooperation of the Parties

(1) The parties shall cooperate with the Commission and with one another, and shall conduct the conciliation in good faith and in an expeditious and cost-effective manner.

(2) At the request of the Commission, the parties shall provide all relevant explanations, documents or other information. They shall facilitate visits to any place connected with the dispute in accordance with Rule 24(4)(c) and use best efforts to facilitate the participation of other persons as requested by the Commission.

(3) The parties shall comply with any time limit agreed upon or fixed by the Commission.

(4) The parties shall give their most serious consideration to the Commission’s recommendations pursuant to Article 34(1) of the Convention.

Rule 30: Written Statements

(1) Each party shall simultaneously file a brief, initial written statement describing the issues in dispute and its views on these issues 30 days after the constitution of the Commission, or on such other date as the Commission may fix in consultation with the parties, and in any event before the first session.

(2) Either party may file further written statements at any stage of the conciliation within the time limits fixed by the Commission.

Rule 31: First Session

(1) The Commission shall hold a first session with the parties to address the procedure, including the matters listed in
paragraph (4).

(2) The first session may be held in person or remotely, by any means that the Commission deems appropriate. The agenda, method and date of the first session shall be determined by the Commission after consulting with the parties.

(3) The first session shall be held within 60 days after the constitution of the Commission or such other period as the parties may agree.

(4) Before the first session, the Commission shall invite the parties’ views on procedural matters, including:

(a) the applicable conciliation rules;

(b) the procedural language(s), translation and interpretation;

(c) the method of filing and routing of documents;

(d) a schedule for further written statements and meetings;

(e) the place of meetings between the Commission and the parties and whether a meeting will be held in person or remotely;

(f) the manner of recording or keeping minutes of meetings, if any;

(g) the treatment of information relating to, and documents generated in or obtained during, the proceeding;

(h) any agreement between the parties:

(i) concerning the treatment of information disclosed by one party to the Commission by way of separate communication pursuant to Rule 24(4)(b);

(ii) not to initiate or pursue any other proceeding in respect of the dispute during the conciliation;

(iii) concerning the application of prescription or limitation periods;

(iv) concerning the disclosure of any settlement agreement resulting from the conciliation; and

(v) pursuant to Article 35 of the Convention; and

(i) any other procedural matter raised by either party or the Commission.

(5) At the first session or within any other period determined by the Commission, each party shall:

(a) identify a person or entity authorized to negotiate and settle the dispute on its behalf; and

(b) describe the process that would be followed to conclude and implement a settlement agreement.

(6) The Commission shall issue summary minutes recording the parties’ agreements and the Commission’s decisions on the procedure within 15 days after the later of the first session or the last written statement on procedural matters addressed at the first session.

Rule 32: Meetings

(1) The Commission may meet with the parties jointly or separately.

(2) The Commission shall determine the date, time and method of holding meetings, after consulting with the parties.

(3) A meeting in person may be held at any place agreed to by the parties after consulting with the Commission and the Secretary-General. If the parties do not agree on the place of a meeting, it shall be held at the seat of the Centre pursuant to Article 62 of the Convention.

(4) Meetings shall remain confidential. The parties may agree to observation of meetings by persons in addition to the parties and the Commission.

Rule 33: Preliminary Objections

(1) A party may file a preliminary objection that the dispute is not within the jurisdiction of the Centre or for other reasons is not within the competence of the Commission (“preliminary objection”).

(2) A party shall notify the Commission and the other party of its intent to file a preliminary objection as soon as possible. The objection shall be made no later than the date of the initial written statement referred to in Rule 30(1), unless the facts on which the objection is based are unknown to the party at the relevant time.

(3) The Commission may address a preliminary objection separately or with other issues in dispute. If the Commission decides to address the objection separately, it may suspend the conciliation on the other issues in dispute to the extent necessary to address the objection.

(4) The Commission may at any time on its own initiative consider whether the dispute is within the jurisdiction of the Centre or within its own competence.

(5) If the Commission decides that the dispute is not within the jurisdiction of the Centre or for other reasons is not within its competence, it shall close the proceeding and issue a reasoned Report to that effect. Otherwise, the Commission shall issue a reasoned decision on the preliminary objection and fix any time limit necessary for the further conduct of the conciliation.