How to file a Request for Arbitration - ICSID Convention
- written in one of the official languages of the Centre (English, French or Spanish) (Administrative and Financial Regulation 34);
- dated; and
- signed by the requesting party or its duly authorized representative. If the request is signed by a representative, it must enclose proof of the authorization, e.g., a power of attorney or a letter of engagement.
- Name and contact details of all parties (including mailing address, telephone and fax numbers and e-mail if available).
- The date of consent and the instruments recording the consent (Institution Rule 2(1)(c)). The date of consent is the date on which the parties to the dispute consented in writing to submit it to the Centre; if both parties did not act on the same day, it means the date on which the second party acted (Institution Rule 2(3)).
- If the consent is in a treaty or law, the request must enclose copies of such instruments and evidence of their entry into force (e.g., an extract from a government website showing the date or a copy from a State's collection of laws).
- If the consent is in a contract, the request must enclose a copy of the signed contract and its effective date.
- If a party is a constituent subdivision or agency of a Member State, a statement that it has been designated to the Centre by that State pursuant to Article 25(1) of the Convention. The request must also enclose documentation concerning the subdivision’s or agency’s consent and the approval of the consent by the State, unless the State has notified the Centre that no such approval is required (Article 25(3) of the Convention and Measures Taken by ICSID Contracting States for the Purpose of the Convention (Doc. ICSID/8)).
- If a party is a person, his/her nationality on the date of consent and the date of the request and that he/she was not a national of the State party to the dispute on either date (Article 25(2)(a) of the Convention).
- If a party is a company or other juridical person, its nationality on the date of consent. If the nationality is the same as that of the Member State party to the dispute, the request must enclose the agreement of the parties that the juridical person should be treated as a national of another Member State for the purposes of the Convention (Article 25(2)(b) of the Convention).
- Basic information demonstrating that there is a legal dispute arising directly out of an investment (Article 25(1) of the Convention).
If the requesting party is a juridical person, a statement that it has taken all necessary internal actions to authorize the request. The statement must be supported by evidence, e.g., a resolution of the board of directors.
- Upload onto Box
In advance of the transmittal of a Request by email please contact the ICSID Secretariat [email protected] to request the creation of a folder on Box and access instructions.
- Transmittal by email
The Request and all supporting documentation (including a copy of the lodging fee wire transfer order) should be sent to [email protected].
Please note that ICSID's server does not accept emails larger than 25 MB. For submissions exceeding this size, please indicate in your email (attaching the Request/Application) that the supporting documentation will be filed via Box only. Alternatively, any supporting documentation exceeding 25 MB may be split into several individual emails (not exceeding 25 MB each).
The request for arbitration shall designate each party to the dispute and provide their contact information, including electronic mail address, street address and telephone number.