The Secretary-General of ICSID is available to be designated as appointing authority in proceedings not conducted under the ICSID Convention or the ICSID Additional Facility Rules. This designation may be made by contract, law, treaty, or by agreement of the parties to the dispute.
Request for Appointment
The party requesting an appointment should file a request for appointment with ICSID.
Contents of request: The request should include the following information and supporting documents:
- a description of the nature of the dispute;
- the notice of arbitration or equivalent instrument instituting dispute resolution proceedings;
- the dispute resolution clause and the provision designating ICSID as appointing authority;
- contact details for all parties to the dispute (i.e., mailing address, e-mail, telephone, fax);
- the name and nationality of any arbitrator(s) already appointed;
- language of the proceeding; and
- signature of the requesting party or its duly authorized representative. A request signed by a representative must enclose proof of the authorization to act, for example, a power of attorney.
Appointment Fee: The request shall be accompanied by a non-refundable fee of US$10,000 per requested appointment. This fee covers all disbursements and services rendered in making the appointment. The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat. The fee will be credited to the party's share of the administrative charge if ICSID administers the proceeding.
Where to Send: Please submit an electronic copy of the request to: [email protected].
Once the above information and fee are received, ICSID will transmit the request to the other party(ies) to the dispute.
Method of Appointment and Procedure
When acting as appointing authority, ICSID is not limited to making appointments from any list other than one provided by the applicable legal instrument. The selection will be based on the best available candidates who meet the criteria required by the parties and the applicable legal instrument. Appointments are completed expeditiously, recognizing the parties' wish to have an impartial and expert designee.