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The qualifications required of Panel members are in Article 14 of the ICSID Convention.  Persons nominated must be of high moral character and have recognized competence, particularly in law, but also in commerce, industry or finance. The designees of a Member State may be of any nationality. In…

The parties may agree on the number of written pleadings and the time limits for their submission. The written procedure usually consists of two rounds of pleadings (Arbitration Rule 31): First round: the requesting party files a Memorial followed by the opposing party’s Counter-Memorial. Second…

Awards are final and binding on the parties to the dispute. They are subject to the limited post-award remedies provided for in the Convention. The remedies are available in respect of an award rendered under Article 48 of the Convention, as opposed to decisions issued by the Tribunal during the…

Except as otherwise agreed, the oral procedure follows parties’ written submissions (Arbitration Rule 29). The oral procedure consists of hearings and procedural sessions. Most hearings are held in person, while procedural sessions (such as the first session of the Tribunal) are often held by…

The parties should file evidence in support of their claim or defence with their written pleadings.  Such evidence must seek to prove or disprove facts upon which they wish to rely (Arbitration Rules 24 and 33). Evidence filed in the written process can be documentary (e.g. exhibits, witness…

There is only one award in an ICSID case, and it is the Tribunal's last decision which disposes of the case. Any other ruling before the final award, such as a decision on liability, is not considered an award, and recourse cannot be taken against it until after the award is rendered. If a Tribunal…