Place of Arbitration - Additional Facility Arbitration


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 Foreign Arbitral Awards (New York Convention) (Article 19 of the Arbitration (Additional Facility) Rules). The award must be made at the place of arbitration (Article 20(3) of the Arbitration (Additional Facility) Rules).

Before making its decision on the place of arbitration, the Tribunal must consult with the parties and the ICSID Secretariat (Article 20(1) of the Arbitration (Additional Facility) Rules). This is generally done before or at the First Session. 

If there is no agreement on the place of arbitration, the Tribunal may contemplate different criteria such as:
  • suitability of the arbitration law at the proposed place of arbitration;
  • location of evidence and/or subject-matter of the dispute; and
  • convenience of the place for the parties, counsel and arbitrators.
Some treaties and agreements contain additional requirements for choosing the place of arbitration.  For example, the North American Free Trade Agreement (NAFTA), requires that the place of arbitration be in one of the NAFTA countries, unless the parties agree otherwise (NAFTA Article 1130).