Deciding Challenges

The Secretary-General of ICSID is available to be designated as the authority to decide a proposal to disqualify an arbitrator 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. It may also be included in the applicable arbitration rules.

Request to Decide Challenge

Filing a Proposal for Disqualification
 
The party requesting the disqualification of an arbitrator should file a proposal for disqualification with ICSID.
 
Content: The proposal for disqualification should include the following information and supporting documents:
  • a description of the basis for disqualification;
  • The provision(s) designating the Secretary-General of ICSID as the authority to decide the proposal for disqualification;
  • contact details for all parties to the dispute and tribunal members (i.e., mailing address, e-mail, telephone, fax); and
  • signature of the requesting party or its duly authorized representative. A proposal signed by a representative must enclose proof of the authorization to act, for example, a power of attorney.

Lodging Fee: The proposal for disqualification shall be accompanied by a non-refundable fee of US$10,000 per challenge. This fee covers all disbursements and services rendered in deciding on the proposal for disqualification. The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat by e-mail.

Number of Copies: The proposal for disqualification should be accompanied by two hard copies for the Centre, one copy for each member of the Tribunal, and as many additional hard copies as there are opposing parties identified in the case. The proposal should also include the same number of electronic devices containing copies of the request and its accompanying documents.

Where to Send: Please submit an electronic copy of the request to: ICSIDsecretariat@worldbank.org.

Once the above information and fee are received, ICSID will transmit the request to the other party(ies) to the dispute.

Standard for Disqualification and Procedure
 
When deciding a proposal for disqualification of an arbitrator in a non-ICSID case, the Secretary-General of ICSID will apply the standard for disqualification and the procedure prescribed in the applicable arbitration rules. For example, in proceedings governed by the 2010 UNCITRAL Arbitration Rules, the applicable standard and procedure are set forth in Articles 12 and 13 of these rules.

Once a proposal for disqualification and fee are received, unless the applicable rules prescribe otherwise, the other party to the dispute and the challenged arbitrator are invited to provide observations. The Secretary-General renders a decision promptly after the briefing is completed.

Parties wishing to entrust this role to the Secretary-General of ICSID are welcome to contact the Centre if they have any questions about the process.