How to file a Request for Conciliation - ICSID Convention Conciliation
The conditions for access to ICSID are contained in Article 25 of the ICSID Convention. There may be further conditions in the instrument containing the parties’ consent to conciliation.
The process of filing the request is governed by Article 28 of the ICSID Convention, the Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules) and the Administrative and Financial Regulations (Regulations 16, 30 and 34(1)).
Formal Requirements, Information and Documentation
The request for conciliation must comply with Institution Rules 1 and 2.
The request must be:
- 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.
The request must include:
- 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 of the domestic law showing the date).
- 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 (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.
Optional Information: The request may include any agreement or proposal by the parties regarding the number of conciliators and the method of their appointment, and any other agreements concerning the dispute (Institution Rule 3). An indication of the amount in dispute is also optional in ICSID cases.
Submitting the request for conciliation: A request and all supporting documentation should be submitted as follows: upload onto ICSID's document sharing platform ("Box"); and transmittal to the ICSID Secretariat's email.
- 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.
Documents which are enclosed with the request and which are not in English, French or Spanish must be accompanied by a translation into one of these languages. If the document is lengthy and relevant only in part, it is sufficient if only the relevant parts, which must be precisely specified, are translated (Administrative and Financial Regulation 30).
Lodging Fee: A non-refundable fee, US$25,000 under the current Schedule of Fees, must be paid on or before lodging the request. The fee is payable by the party filing the request or by both parties if the request is made jointly.
The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat. A copy of the wire transfer order should be filed with the request.