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The Tribunal must determine the place of arbitration under the ICSID Arbitration (Additional Facility) Rules. The place of arbitration is important for the enforcement of the award. It must be in a State that is party to the 1958 United Nations Convention on the Recognition and Enforcement of…

The Tribunal may consider whether a dispute is within its competence, on its own initiative or on the objection by a party (Article 45(1) and (2) of the Arbitration (Additional Facility) Rules). The objection must be made as early as possible in the proceeding. In any event, the objection must be…

Bifurcation most often refers to the separation of jurisdictional issues from the merits and is defined as a separate jurisdictional phase to consider the jurisdictional and admissibility objections raised by the respondent. The Tribunal has discretion to bifurcate jurisdictional issues (Article…

Except as the parties otherwise agree, the Tribunal may recommend any provisional measures that may be necessary to preserve the parties’ rights during the proceeding (Article 46 of the Arbitration (Additional Facility) Rules). A party requesting provisional measures must specify the rights to be…

Parties can request documents from each other, and exchange documents even before the written pleadings are filed. The Tribunal has discretion to decide on the relevance and admissibility of the evidence adduced by the parties, and can exercise the power to summon further evidence at any stage of…

Tribunals may accept submissions by non–disputing parties after consulting both parties (Article 41(3) of the Arbitration (Additional Facility) Rules). A non-disputing party is an individual or entity that is not a party to the dispute, but asks the Tribunal’s permission to file a written…

The arbitration proceeding may be discontinued by agreement of the parties. Proceedings may also be discontinued if the parties fail to act or pay the requested advances on costs.   Settlement and Discontinuance   At any time before the award is rendered, the parties may jointly request that…

The ICSID Secretariat carries out the daily operations of ICSID. Its composition and principal functions are set out in the ICSID Convention (Articles 9 to 11 of ICSID Convention and the Administrative and Financial Regulations).  Composition of the Secretariat The Secretariat consists of…

The goal of the Commission is to clarify the issues in dispute between the parties and to endeavor to bring about agreement on mutually acceptable terms (Article 30 of the Conciliation (Additional Facility) Rules). The parties must cooperate in good faith with the Commission in achieving this goal…

Disqualification of Conciliators Either party may propose the disqualification of a Conciliator once the Commission has been constituted (Article 15 of the Conciliation (Additional Facility) Rules). A proposal to disqualify a conciliator must be made promptly and, in any event, before the…