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Written Procedure - ICSID Convention (2006 Rules)
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.…
Screening and Registration - ICSID Convention (2006 Rules)
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 it can be registered. This screening process is mandated by Article 36(3) of the ICSID Convention and Institution…
Recognition and Enforcement - ICSID Convention (2006 Rules)
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…
Post-Award Remedies
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…
Overview of an Arbitration - ICSID Convention (2006 Rules)
Overview of an Arbitration under the ICSID Convention
An ICSID Convention arbitration proceeding is governed by:
the ICSID Convention;
the Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules);
the Rules of Procedure for Arbitration…
Number of Arbitrators and Method of Appointment - ICSID Convention (2006 Rules)
Parties should agree on the number of arbitrators on a Tribunal and the method of their appointment. If they cannot agree, ICSID’s default mechanism will apply (Article 37 of the ICSID Convention and Arbitration Rules 2 and 3).
Method of Constitution of a Tribunal
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First Session - ICSID Convention (2006 Rules)
The purpose of the first session of the Tribunal is to ascertain the parties’ agreements or separate views on procedural questions such as the applicable arbitration rules, language(s) to be used, place of proceedings, and the procedural calendar. The session enables the Tribunal to set a schedule…
Evidence
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.…
Cost Submissions - ICSID Convention (2006 Rules)
In most cases, advance payments for costs of the Tribunal and ICSID fees and expenses are requested in equal parts from the parties (with the exception of annulment proceedings, see Cost of Proceedings) and the Tribunal decides on the allocation of costs in the award. Unless the parties…
Constitution of the Tribunal - ICSID Convention (2006 Rules)
The Tribunal must be constituted as soon as possible after registration of a request for arbitration. It is constituted on the date the Secretary-General notifies the parties that all arbitrators have accepted their appointments (Arbitration Rule 6(1)).
The time for constituting the Tribunal…