The ICSID Arbitration Rules were adopted by the Administrative Council of the Centre pursuant to Article 6(1)(c) of the ICSID Convention.
The ICSID Arbitration Rules are supplemented by the ICSID Administrative and Financial Regulations.
The ICSID Arbitration Rules apply from the date of registration of a Request for arbitration until an Award is rendered and to any post-Award remedy proceedings.
Application of Rules
Party and Party Representative
Routing of Documents
Procedural Languages, Translation and Interpretation
The parties may agree to use one or two procedural languages in the proceeding. The parties shall consult with the Tribunal and the Secretary-General regarding the use of a language that is not an official language of the Centre. If the parties do not agree on the procedural language(s), each party may select one of the official languages of the Centre.
Calculation of Time Limits
Any time limit expressed as a period of time shall be calculated from the day after the date on which:
Fixing Time Limits
Extension of Time Limits Applicable to Parties
A time limit prescribed by the Convention or these Rules, other than those referred to in paragraph (1), may only be extended by agreement of the parties. A procedural step taken or document received after the expiry of such time limit shall be disregarded, unless the parties agree otherwise or the Tribunal decides that there are special circumstances justifying the failure to meet the time limit.
A time limit fixed by the Tribunal or the Secretary-General may be extended by agreement of the parties or the Tribunal, or the Secretary-General if applicable, upon reasoned application by either party made prior to its expiry. A procedural step taken or document received after the expiry of such time limit shall be disregarded, unless the parties agree otherwise or the Tribunal, or the Secretary-General if applicable, decides that there are special circumstances justifying the failure to meet the time limit.
Time Limits Applicable to the Tribunal
General Provisions Regarding the Establishment of the Tribunal
Notice of Third-Party Funding
A party shall file a written notice disclosing the name and address of any non-party from which the party, directly or indirectly, has received funds for the pursuit or defense of the proceeding through a donation or grant, or in return for remuneration dependent on the outcome of the proceeding ("third-party funding"). If the non-party providing funding is a juridical person, the notice shall include the names of the persons and entities that own and control that juridical person.
A party shall file the notice referred to in paragraph (1) with the Secretary-General upon registration of the Request for arbitration, or immediately upon concluding a third-party funding arrangement after registration. The party shall immediately notify the Secretary-General of any changes to the information in the notice.
The Secretary-General shall transmit the notice of third-party funding and any notification of changes to the information in such notice to the parties and to any arbitrator proposed for appointment or appointed in a proceeding for purposes of completing the arbitrator declaration required by Rule 19(3)(b).
Method of Constituting the Tribunal
The parties shall endeavor to agree on any uneven number of arbitrators and the method of their appointment. If the parties do not advise the Secretary-General of an agreement within 45 days after the date of registration, the Tribunal shall be constituted in accordance with Article 37(2)(b) of the Convention.
Appointment of Arbitrators to a Tribunal Constituted in Accordance with Article 37(2)(b) of the Convention
Appointment of Arbitrators by the Chair in Accordance with Article 38 of the Convention
Acceptance of Appointment
Within 20 days after receipt of the request for acceptance of an appointment, the appointee shall:
The Secretary-General shall notify the parties if an arbitrator fails to accept the appointment or provide a signed declaration within the time limit referred to in paragraph (3), and another person shall be appointed as arbitrator in accordance with the method followed for the previous appointment.
Replacement of Arbitrators Prior to Constitution of the Tribunal
Constitution of the Tribunal
Proposal for Disqualification of Arbitrators
A party may file a proposal to disqualify one or more arbitrators ("proposal") in accordance with the following procedure:
the proposal shall be filed after the constitution of the Tribunal and within 21 days after the later of:
Decision on the Proposal for Disqualification
Vacancy on the Tribunal
A vacancy on the Tribunal shall be filled by the method used to make the original appointment, except that the Chair shall fill the following vacancies from the Panel of Arbitrators:
Once a vacancy has been filled and the Tribunal has been reconstituted, the proceeding shall continue from the point it had reached at the time the vacancy was notified. Any portion of a hearing shall be recommenced if the newly appointed arbitrator considers it necessary to decide a pending matter.
Orders and Decisions
Subject to Article 45 of the Convention, if a party knows or should have known that an applicable rule, agreement of the parties, or any order or decision of the Tribunal or the Secretary-General has not been complied with, and does not object promptly, then that party shall be deemed to have waived its right to object to that non-compliance, unless the Tribunal decides that there are special circumstances justifying the failure to object promptly.
The first session shall be held within 60 days after the constitution of the Tribunal or such other period as the parties may agree. If the President of the Tribunal determines that it is not possible to convene the parties and the other members within this period, the Tribunal shall decide whether to hold the first session solely between the President of the Tribunal and the parties, or solely among the Tribunal members based on the parties’ written submissions.
Before the first session, the Tribunal shall invite the parties’ views on procedural matters, including:
A memorial shall contain a statement of the relevant facts, law and arguments, and the request for relief. A counter-memorial shall contain a statement of the relevant facts, including an admission or denial of facts stated in the memorial, and any necessary additional facts, a statement of law in reply to the memorial, arguments and the request for relief. A reply and rejoinder shall be limited to responding to the previous written submission and addressing any relevant facts that are new or could not have been known prior to filing the reply or rejoinder.
A party may file unscheduled written submissions, observations or supporting documents only after obtaining leave of the Tribunal, unless the filing of such documents is provided for by the Convention or these Rules. The Tribunal may grant such leave upon a timely and reasoned application if it finds such written submissions, observations or supporting documents are necessary in view of all relevant circumstances.
Case Management Conferences
With a view to conducting an expeditious and cost-effective proceeding, the Tribunal shall convene one or more case management conferences with the parties at any time after the first session to:
Evidence: General Principles
Disputes Arising from Requests for Production of Documents
In deciding a dispute arising out of a party's objection to the other party's request for production of documents, the Tribunal shall consider all relevant circumstances, including:
Witnesses and Experts
Visits and Inquiries
Manifest Lack of Legal Merit
The following procedure shall apply to a request for bifurcation other than a request referred to in Rule 44:
In determining whether to bifurcate, the Tribunal shall consider all relevant circumstances, including whether:
Preliminary Objections with a Request for Bifurcation
The following procedure shall apply with respect to a request for bifurcation relating to a preliminary objection:
In determining whether to bifurcate, the Tribunal shall consider all relevant circumstances, including whether:
If the Tribunal decides to address the preliminary objection in a separate phase of the proceeding, it shall:
Preliminary Objections without a Request for Bifurcation
If a party does not request bifurcation of a preliminary objection within the time limits referred to in Rule 44(1)(a) or the parties confirm that they will not request bifurcation, the preliminary objection shall be joined to the merits and the following procedure shall apply:
Consolidation or Coordination of Arbitrations
Consolidation joins all aspects of the arbitrations sought to be consolidated and results in one Award. To be consolidated pursuant to this Rule, the arbitrations shall have been registered in accordance with the Convention and shall involve the same Contracting State (or constituent subdivision or agency of the Contracting State).
A party may at any time request that the Tribunal recommend provisional measures to preserve that party's rights, including measures to:
In deciding whether to recommend provisional measures, the Tribunal shall consider all relevant circumstances, including:
Unless the parties agree otherwise, a party may file an incidental or additional claim or a counterclaim ("ancillary claim") arising directly out of the subject-matter of the dispute, provided that such ancillary claim is within the scope of the consent of the parties and the jurisdiction of the Centre.
Upon receipt of the request referred to in paragraph (2), the Tribunal shall notify the defaulting party of the request and grant a grace period to cure the default, unless it is satisfied that the defaulting party does not intend to appear or present its case. The grace period shall not exceed 60 days without the consent of the other party.
If the defaulting party fails to act within the grace period or if no such period is granted, the Tribunal shall resume consideration of the dispute and render an Award. For this purpose:
Costs of the Proceeding
The costs of the proceeding are all costs incurred by the parties in connection with the proceeding, including:
Decisions on Costs
In allocating the costs of the proceeding, the Tribunal shall consider all relevant circumstances, including:
Security for Costs
In determining whether to order a party to provide security for costs, the Tribunal shall consider all relevant circumstances, including:
Suspension of the Proceeding
The Secretary-General shall suspend the proceeding pursuant to paragraph (1) or extend the suspension pursuant to paragraph (5) if the Tribunal has not yet been constituted or if there is a vacancy on the Tribunal. The parties shall inform the Secretary-General of the period of the suspension and any terms agreed to by the parties.
Settlement and Discontinuance by Agreement of the Parties
Discontinuance at Request of a Party
If a party requests the discontinuance of the proceeding, the Tribunal shall fix a time limit within which the other party may oppose the discontinuance. If no objection in writing is made within the time limit, the other party shall be deemed to have acquiesced in the discontinuance and the Tribunal shall issue an order taking note of the discontinuance of the proceeding. If any objection in writing is made within the time limit, the proceeding shall continue.
Discontinuance for Failure of Parties to Act
Timing of the Award
Contents of the Award
Rendering of the Award
Once the Award has been signed by the m embers of the Tribunal who voted for it, the Secretary-General shall promptly:
Supplementary Decision and Rectification
A party requesting a supplementary decision on, or the rectification of, an Award pursuant to Article 49(2) of the Convention shall file the request with the Secretary-General and pay the lodging fee published in the schedule of fees within 45 days after the Award was rendered.
Publication of Awards and Decisions on Annulment
Absent consent of the parties pursuant to paragraphs (1)-(3), the Centre shall publish excerpts of the documents referred to in paragraph (1). The following procedure shall apply to publication of excerpts:
Publication of Orders and Decisions
If either party notifies the Secretary-General within the 60-day period referred to in paragraph (1) that the parties disagree on any proposed redactions, the Secretary-General shall refer the order or decision to the Tribunal to decide any disputed redactions. The Centre shall publish the order or decision in accordance with the decision of the Tribunal.
Publication of Documents Filed in the Proceeding
Absent consent of the parties pursuant to paragraph (1), a party may refer to the Tribunal a dispute regarding the redaction of a written submission, excluding supporting documents, that it filed in the proceeding. The Tribunal shall decide any disputed redactions and the Centre shall publish the written submission in accordance with the decision of the Tribunal.
Observation of Hearings
Confidential or Protected Information
For the purposes of Rules 62-65, confidential or protected information is information which is protected from public disclosure:
Submission of Non-Disputing Parties
In determining whether to permit a non-disputing party submission, the Tribunal shall consider all relevant circumstances, including:
The Tribunal shall ensure that non-disputing party participation does not disrupt the proceeding or unduly burden or unfairly prejudice either party. To this end, the Tribunal may impose conditions on the non-disputing party, including with respect to the format, length, scope or publication of the written submission and the time limit to file the submission.
Participation of Non-Disputing Treaty Party
The Tribunal shall permit a Party to a treaty that is not a party to the dispute ("non-disputing Treaty Party") to make a submission on the interpretation of the treaty at issue in the dispute and upon which consent to arbitration is based. The Tribunal may, after consulting with the parties, invite a non-disputing Treaty Party to make such a submission.
The Tribunal shall ensure that non-disputing Treaty Party participation does not disrupt the proceeding or unduly burden or unfairly prejudice either party. To this end, the Tribunal may impose conditions on the making of the submission by the non-disputing Treaty Party, including with respect to the format, length, scope or publication of the submission, and the time limit to file the submission.
An application for revision pursuant to Article 51(1) of the Convention shall be filed within 90 days after the discovery of a fact of such a nature as decisively to affect the Award, and in any event within three years after the Award (or any supplementary decision on or rectification of the Award) was rendered. The application shall specify:
be filed within 120 days after the discovery of corruption on the part of a member of the Tribunal and in any event within three years after the Award (or any supplementary decision on or rectification of the Award) was rendered, if the application is based on Article 52(1)(c) of the Convention; and
At any time before registration, an applicant may notify the Secretary-General in writing of the withdrawal of the application or, if there is more than one applicant, that it is withdrawing from the application. The Secretary-General shall promptly notify the parties of the withdrawal, unless the application has not yet been transmitted to the other party pursuant to paragraph (6)(a).
Interpretation or Revision: Reconstitution of the Tribunal
As soon as an application for the interpretation or revision of an Award is registered, the Secretary-General shall:
Annulment: Appointment of the ad hoc Committee
Procedure Applicable to Interpretation, Revision and Annulment
Stay of Enforcement of the Award
Resubmission of Dispute after an Annulment
Upon receipt of a request for resubmission and the lodging fee, the Secretary-General shall promptly:
Consent of Parties to Expedited Arbitration
If the parties consent to expedited arbitration after the constitution of the Tribunal pursuant to Chapter II, Rules 76-78 shall not apply, and the expedited arbitration shall proceed subject to all members of the Tribunal confirming their availability pursuant to Rule 79(2). If an arbitrator is unavailable to proceed on an expedited basis, the arbitrator may offer to resign.
Number of Arbitrators and Method of Constituting the Tribunal for Expedited Arbitration
Appointment of Sole Arbitrator for Expedited Arbitration
The following procedure shall apply to an appointment by the Secretary-General of the Sole Arbitrator pursuant to paragraph (2):
Appointment of Three-Member Tribunal for Expedited Arbitration
The following procedure shall apply to the appointment by the Secretary-General of any arbitrators pursuant to paragraph (2):
Acceptance of Appointment in Expedited Arbitration
Procedural Schedule in Expedited Arbitration
The following schedule for written submissions and the hearing shall apply in an expedited arbitration:
Any schedule for submissions other than those referred to in paragraphs (1)-(3) shall run in parallel with the schedule referred to in paragraph (1), unless the proceeding is suspended or the Tribunal decides that there are special circumstances justifying the suspension of the schedule. In fixing time limits for such submissions, the Tribunal shall take into account the expedited nature of the process.
Procedural Schedule for Interpretation, Revision or Annulment in Expedited Arbitration
The following schedule for written submissions and the hearing shall apply to the procedure relating to an interpretation, revision or annulment of an Award rendered in an expedited arbitration:
Any schedule for submissions other than those referred to in paragraph (1) shall run in parallel with the schedule referred to in paragraph (1), unless the proceeding is suspended or the Tribunal or Committee decides that there are special circumstances justifying the suspension of the schedule. In fixing time limits for such submissions, the Tribunal or Committee shall take into account the expedited nature of the process.
Opting Out of Expedited Arbitration
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