Search

The ICSID Fact-Finding (Additional Facility) Rules offer parties 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…

Non-ICSID cases may be administered by ICSID by agreement of the parties either prior to the appointment of arbitrators or once the Tribunal is constituted. The parties to the dispute or the Tribunal, on behalf of the parties, should request ICSID to provide administrative services. Content: The…

Any State or national of a State wishing to institute an inquiry to examine and report on facts may commence a fact-finding proceeding under the Additional Facility by submitting a request to that effect to the Secretary-General.   The request may also be made jointly by the parties to the fact-…

Parties should agree on the number of conciliators on a Commission and the method of their appointment. If they cannot agree, ICSID’s default mechanism will apply (Article 29 of the ICSID Convention and Conciliation Rules 2 and 3).Method of Constitution of a Commission  ​ Party Agreement As a…

An award of a Tribunal is binding on all parties to the proceeding and each party must comply with it pursuant to its terms (Article 53(1) of the ICSID Convention).  If a party fails to comply with the award, the other party can seek to have the pecuniary obligations recognized and enforced in the…

ICSID Counsel Martina Polasek,Geraldine Fischer and Aissatou Diop,with ICSID Secretary-General Meg Kinner. Washington D.C. As soon as a party has filed a request for arbitration with the prescribed lodging fee, ICSID sends the request to the other party and reviews the request to determine whether…

​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…

​As part of its services to ICSID Member States and the public, the Secretariat seeks to promote greater awareness of the ICSID dispute settlement process and the development of international law on foreign investment.  To this end, it makes available on this website various information resources,…

The ICSID Convention requires that the parties' consent to ICSID jurisdiction be in writing. The ICSID Model Clauses has been written to suggest how the consent can be recorded. Model clauses are also suggested for use in conjunction with the ICSID Additional Facility Rules and for designation of…

​ ICSID publishes a multi-volume loose-leaf collection of Investment Treaties containing the texts of investment treaties and protocols concluded by over 165 countries from 1959 until the present. The Investment Treaties collection has been published since 1986 and is updated three times per year.…