Use of this Site constitutes agreement with the following terms and conditions:
1. The International Centre for Settlement of Investment Disputes (“ICSID”) maintains this website (the "Site") as a courtesy to those who may choose to access it. The information, data and documents (collectively the “Materials”) contained on the Site are for informational purposes only. ICSID does not provide legal services and the Materials should not be construed as legal advice on any subject matter.
2. ICSID administers this Site. ICSID is a member of the World Bank Group (“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”). All materials of the various members of the Bank Group and external content providers appear on the Site subject to the terms of this User Agreement and the terms and conditions that may govern the use of their material.
3. Unless expressly stated otherwise, the opinions, interpretations and conclusions expressed in the Materials are those of the various authors of the work and are not necessarily those of the ICSID Secretariat, the Administrative Council of ICSID, the Bank Group's Boards of Executive Directors, or the countries they represent.
Use of ICSID Materials and Logo
4. ICSID is pleased to allow you to visit the Site and download and copy the Materials from the Site for non-commercial use, without any right to resell or charge to access, redistribute or create derivative works therefrom without express permission by ICSID.
5. ICSID reserves all rights to the Materials on this Site. If your use of the Materials involves their reproduction, dissemination, republication or creation of derivative works, you must request prior written permission from ICSID and, if such permission is granted, provide proper attribution to ICSID. This includes reproduction, dissemination or publication of ICSID’s official documents, 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 Materials of external content providers may be restricted and require express permission directly from the relevant content provider pursuant to its terms and conditions.
6. Attribution to ICSID shall have the following format: “Source: The International Centre for Settlement of Investment Disputes. Available at http://www.worldbank.org/icsid."
7. If permission to reproduce, disseminate, republish or create derivative works of the Materials 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 Materials. ICSID will prosecute use of the Materials in a manner that falsifies, misrepresents, disparages, or fraudulently uses the Materials, including use that defames or otherwise violates the legal rights of others.
8. You many not use any trademark, official mark, official emblem, or logo of ICSID and any member of the Bank Group without prior written consent from ICSID or the Bank Group member, nor in any event represent or imply an association or affiliation with ICSID or a member of the Bank Group.
9. Materials provided on the Site are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. ICSID specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. ICSID periodically adds, changes, improves, or updates the Materials on the Site without notice.
10. Under no circumstances shall ICSID, any other member of the Bank Group, or any other content provider, be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from use of the Site, including without limitation, any fault, error, omission, interruption or delay with respect thereto. Use of the Site is at your sole risk. Under no circumstances, including, but not limited to, negligence, shall ICSID, Bank Group members and affiliates, or any other content provider, be liable for any direct, indirect, incidental, special, exemplary or consequential damages, even if the Bank Group has been advised of the possibility of such damages.
11. You specifically acknowledge and agree that ICSID and all other members of the Bank Group are not liable for any conduct of any user, including the inappropriate, improper or fraudulent use of the Materials.
12. 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 users of the Site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither ICSID, nor any of its employees, information providers or content providers shall be liable to any user 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 content herein, regardless of cause, for any damages resulting therefrom.
13. As a condition of use of the Site, you agree to indemnify ICSID, other members of the Bank Group, their affiliates, 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 without limitation any claims alleging facts that if true would constitute a breach by users of these terms and conditions. If you are dissatisfied with any Materials or with any of the terms of this User Agreement, your sole and exclusive remedy is to discontinue using the Site.
Links to third-party websites
14. This Site contains links to third-party websites. The linked sites are not under the control of ICSID and ICSID is not responsible for the contents of any linked site or any link contained in a linked site. ICSID provides these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by ICSID.
Usernames and Interactive Tools
15. Your access to certain areas of the Site is subject to registration requirements prescribed by ICSID. This includes ICSID’s subscription to receive ICSID updates and submissions of curriculum vitae for the purposes of ICSID's database of arbitrator, conciliator, and committee member curricula vitae for the purposes of ICSID's database of arbitrator, conciliator and committee member curricula vitae. Your access to these areas is subject to the terms of this User Agreement, ICSID’s Privacy Agreement, your acceptance of the terms of the registration, and ICSID’s acceptance of your registration. In particular, 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 are fully responsible for all activities that occur under your password or username. Please notify ICSID of any unauthorized use of your password and username, or any other breach of security immediately.
16. If this Site contains bulletin boards, chat rooms, access to mailing lists or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
- 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.
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
17. You acknowledge that all Forums or Discussion Groups are public and not private communications. Further, you acknowledge that chats, postings, conferences, e-mails and other communications by other users are not endorsed by ICSID, and such communications shall not be considered reviewed, screened, or approved by ICSID. ICSID reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation e-mail and bulletin board postings.
Procedure for Sending Complaints Regarding Materials or Copyright Notices under the Digital Millennium Copyright Act
18. 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 Materials on the Site, or if you have a good faith belief that your copyright is being infringed by any Materials 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:
1818 H Street, N.W.
Washington, D.C. 20433
1818 H Street, N.W.
Washington, D.C. 20433
Phone No.: (202) 458-1534
Fax No.: (202) 522-2615
e-mail: [email protected]
Fax No.: (202) 522-2615
e-mail: [email protected]
Applicable Law and Dispute Resolution
19. This User Agreement shall be interpreted and enforced in accordance with the laws of the District of Columbia. Any dispute arising out of or in connection with this User Agreement, which cannot be amicably settled, shall be referred to and finally resolved by arbitration under the Commercial Arbitration Rules of the American Arbitration Association. There shall be one arbitrator and the place of arbitration shall be Washington, D.C. without regard to its conflict of law provisions. The award rendered by the arbitrator shall be final and binding on the parties to the arbitration, and judgment upon an arbitration award in favor of ICSID may be entered in any court having jurisdiction thereof.
Preservation of Immunities
20. Article 20 of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”) provides that ICSID, its property and assets enjoy immunity from all legal process, except when ICSID waives this immunity. 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 member of the Bank Group, which are specifically reserved.
21. This User Agreement may be amended by ICSID from time to time at ICSID’s sole discretion. By continuing to use the Site subsequent to ICSID’s amendment, you acknowledge, agree and consent to such amendment.
22. This User Agreement includes ICSID’s Privacy Agreement, which is hereby incorporated by reference.
23. ICSID reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any Materials in any respect. ICSID shall have no obligation to take the needs of any user into consideration in connection therewith.
24. ICSID reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.
25. The failure of ICSID to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. No waiver by ICSID of any provision of this Agreement shall be binding except as set forth in a writing signed by its duly authorized representative.
26. ICSID reserves all rights not expressly granted under this User Agreement, and no other rights are granted by implication or estoppel or otherwise.