Terms and Conditions

The use of the website of the International Centre for Settlement of Investment Disputes (“ICSID”), located at https://icsid.worldbank.org  (the "Site"), is governed by the terms and conditions found on this page and any documents expressly incorporated herein (collectively “Terms and Conditions”). By accessing and using the Site, you (hereinafter “you” or the “User”) acknowledge that you have read and understood these Terms and Conditions and our Privacy Policy, and agree to be bound by their terms. If you do not agree to these Terms and Conditions or the terms of our Privacy Policy, you should not access or use the Site.

ICSID operates this Site and provides the information, data, documents, reports, publications, and multimedia products available on the Site (collectively the “Material”). The Material on the Site is subject to these Terms and Conditions. 

ICSID is a member of the World Bank Group, which also comprises the International Bank for Reconstruction and Development (“IBRD”), the International Development Association (“IDA”), the International Finance Corporation (“IFC”), and the Multilateral Investment Guarantee Agency (“MIGA”).  For the purposes of these Terms and Conditions, “The World Bank Group” means any or all of its member institutions, as the context requires.

Unless stated otherwise, the opinions, interpretations and conclusions expressed in the Material on this Site are those of the various authors of the work and are not necessarily those of the ICSID Secretariat, the members of the ICSID Administrative Council, or the countries they represent.

Information Purposes Only / Not Legal Advice

This Site is for information purposes only. The information contained in the Site should not be construed as legal advice offered by ICSID on any subject matter. You may wish to obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information available on the Site.

Use of ICSID Material and Logo

ICSID is pleased to allow you to view and use the Site and to download and copy Material from the Site for non-commercial use, without any right to resell or charge for access, redistribute, or create derivative works therefrom without express permission by ICSID.

Except as outlined below, all rights are reserved.  If your use of the Material involves its reproduction, dissemination, republication, translation, or creation of derivative works, you must request prior written permission from ICSID.  If such permission is granted, you must provide proper attribution to ICSID. This includes reproduction, dissemination or publication of ICSID’s official documents, databases, reports, caseload statistics, and documents from the records of ICSID arbitration or conciliation proceedings posted on the Site with the parties’ consent or otherwise pursuant to ICSID Arbitration Rule 48(4) and ICSID Arbitration (Additional Facility) Article 53(3). Reproduction, dissemination, or republication of Material of external content providers may be restricted and requires express permission directly from the relevant content provider pursuant to its terms and conditions.

Attribution to ICSID shall be in the following format: “Source: The International Centre for Settlement of Investment Disputes. Available at https://icsid.worldbank.org.”

The ICSID logo may be used to refer to ICSID or link to this Site, with permission. Only the most recent version of the logo should be used.  To receive graphic files and a user’s guide, send your request to [email protected].

No Endorsement

If permission to reproduce, disseminate, republish, or create derivative works of Material is granted, you may not publicly represent or imply that ICSID is participating in, or has sponsored, approved, or endorsed the manner or purpose of your use or reproduction of the Material. ICSID will prosecute use of the Material in a manner that falsifies, misrepresents, disparages, or fraudulently uses the Material, including use that defames or otherwise violates the legal rights of others.

No Association

The names and acronyms of the World Bank Group institutions, their logos, official emblems, product and service names, designs and slogans are trademarks of the relevant World Bank Group member institution. You may not use any such trademarks without prior written consent from the relevant institution, nor in any event represent or imply an association or affiliation with the World Bank Group institution.  All other names, logos, product and service names, design and slogans on this Site are the trademarks of their respective owner.

If you wish to use the ICSID name, acronym, logo, or other identifying symbol in a way that implies endorsement, partnership, or authorship, you must obtain ICSID’s prior written permission and ICSID’s agreement on the format of the specific usage. Send your request to [email protected].

Accessing the Site / Usernames and Interactive Tools

Your access to portions of the Site may be subject to registration requirements prescribed by ICSID. You agree to provide accurate, current, and complete information about yourself as prompted by the Site’s registration forms and to regularly update such information. You are responsible for maintaining the confidentiality of your account password and username and for all activities that occur under your password or username. Please notify ICSID immediately of any unauthorized use of your password and username, or any other breach of security.

Use of the Site

You may use the Site only for lawful and non-commercial purposes. This Site may contain Interactive Tools that enable you to “Post” (i.e., upload, post, make available, communicate, send, share, or transmit) Material. You agree not to use the Site, including any Interactive Tools, to do any of the following:

  • Violate these Terms and Conditions or any applicable law.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Collect or store personal information about anyone.
  • Misrepresent your identity, or upload information that is false, inaccurate, or misleading.
  • Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary permissions.
  • Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer.
  • Delete any author attributions, legal notices, proprietary designations or labels in any file that is uploaded.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the Server on which the Site is stored, or any server, or computer database connected to the Site.
  • Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters.
  • Obtain or attempt to access any Material or information through any means not intentionally made available or provided for through the Site.

You acknowledge that the exchanges using Interactive Tools are public and not private communications. You further acknowledge that chats, postings, conferences, emails, and other communications by other Users are not endorsed by ICSID, and such communications shall not be considered reviewed, screened, or approved by ICSID.

Personal data published on this Site may only be processed by Users in conformity with applicable personal data protection laws and regulations, and in a lawful, fair, and transparent manner.

ICSID reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates these Terms and Conditions, including removing offending content from the Site, denying access to the Site, and reporting violations to law enforcement agencies. 

Intellectual Property Rights

The Site and its contents, features, and functionality (including but not limited to all posts, information, software, text, databases, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the World Bank Group, its member institutions, business partners, service providers, licensors, users or other providers of such Material and are protected by international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws. 

Procedure for Sending Complaints Regarding Material or Copyright Notices under the Digital Millennium Copyright Act

If you believe that your rights, or the rights of a third party, including any intellectual property rights, are being violated in any way by any Material on the Site, or if you have a good faith belief that your copyright is being infringed by any Material on the Site and you want to provide ICSID with a notification of claimed infringement under the Digital Millennium Copyright Act (DMCA), please contact us at:

ICSID
1818 H Street, N.W.
MSN C3-300
Washington, D.C. 20433
U.S.A.

Tel.: (202) 458-1534
Fax: (202) 522-2615
Email: [email protected]

Disclaimer of Warranties

The Material is provided on an “as is” and “as available” basis.  ICSID makes every effort to ensure, but does not guarantee, the accuracy or completeness of the Material on the Site. ICSID reserves the right to periodically add, change, improve, or update the Material on the Site at its sole discretion and without notice.

ICSID expressly disclaims all warranties of any kind related to the Site and Material, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, and noninfringement. In particular, ICSID does not represent or warrant that any information obtained or viewed by you as a result of your use of the Site will be accurate, complete or up to date, that your access to the Site or Material will be uninterrupted, free of malicious code or error-free, or that defects will be corrected. ICSID disclaims all guarantees as to the compatibility of the Site with any hardware, operating system, web browser of other means of accessing the Site. Use of the Site and Material is at the User’s own risk. 

ICSID does not represent or warrant that it owns or controls all rights in all Material. ICSID will not be liable to you for any claims brought against you by third parties in connection with your use of Material on the Site.

This Site may contain “external links” to third-party websites over which ICSID has no control and for which ICSID assumes no responsibility. The links are provided for convenience only. The inclusion of the links on this Site does not constitute ICSID’s endorsement of the specific external resource, online service, or website, nor is it an endorsement of the information contained therein.  ICSID will not be liable to you for any loss or damage that may arise from your use of any linked site or any link contained in a linked site.

Limitation of Liability

Under no circumstances, including but not limited to negligence, shall ICSID, other World Bank Group member institutions, or any other content provider, be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with your use of the Site or inability to access the Site, even if such parties have been advised of the possibility of such damages.

You acknowledge and agree that ICSID and all other World Bank Group institutions are not liable for any conduct of any User. You hereby release ICSID and the other World Bank Group member institutions from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any User.

This Site may contain advice, opinions, and statements of various information providers and external content providers. ICSID does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information provided by any information provider or content provider, or any User of the Site or other person or entity. Reliance upon any such advice, opinion, statement, or other information shall be at your own risk.  

Neither ICSID, nor any of its employees, information providers or content providers shall be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Material (including content herein), regardless of cause, for any damages resulting therefrom.

Indemnification

As a condition of use of the Site, you agree to indemnify the World Bank Group, and each of its institutions, and all content providers from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, including any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in the defense of any such claim. The World Bank Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the World Bank Group.

Preservation of Immunities

Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of ICSID (see Articles 18-24 of the ICSID Convention) or any other World Bank Group member institution, which are specifically reserved.

Governing Law

These Terms and Conditions shall be governed by the laws of the District of Columbia, USA, as an agreement wholly performed therein without regard to any conflict of law provisions. 

Any dispute arising out of, or in connection with, the Site or your use of the Site shall be settled amicably as far as possible, including through alternative dispute resolution procedures as may be agreed to by the parties.  A party may not make a claim if more than one (1) year has elapsed from the date on which that party has first acquired, or should have acquired, knowledge of the loss or damage incurred.

If the dispute cannot be amicably settled and provided that ICSID waives its immunities pursuant to Article 21 of the ICSID Convention, the dispute shall be arbitrated in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in affect. There shall be one arbitrator and the place of arbitration shall be Washington, D.C. The award rendered by the arbitrator shall be final and binding on both parties.

A User may only resolve disputes with us on an individual basis and may not bring a claim as a member in a class, consolidated, or representative action.

Data Privacy

All personal information about you, including your registration information and any information stored or transmitted in any way on the Site, is subject to our Privacy Policy. You agree that we may use such information in accordance with our Privacy Policy which is incorporated by reference in these Terms and Conditions.

Electronic Communications Notice

When you use the Site and send emails to us, we are communicating with you electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Site. You further agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous

These Terms and Conditions may be amended by ICSID from time to time at ICSID’s sole discretion. Upon amendment, we will place a notice on our home page.  Please periodically review the controlling version of these Terms and Conditions. All changes are effective immediately. By continuing to use the Site after ICSID has made an amended version of these Terms and Conditions available, you acknowledge and consent to such amendments.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by ICSID of any provision of these Terms and Conditions shall be binding except as set forth separately in writing and authorized by the Secretary-General of ICSID.

These Terms and Conditions are fully assignable by ICSID and will be binding upon and inure to the benefit of our successors and assigns.

ICSID reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise.

The headings of these Terms and Conditions are for convenience only and have no legal or contractual effect.

Last updated: November 11, 2021