2/19/2019 Overview of an Arbitration under the ICSID Convention

Overview of an Arbitration under the ICSID Convention

An ICSID Convention arbitration proceeding is governed by: MAIN STEPS

the ICSID Convention; How to file a request

the Rules of Procedure for the Institution of Conciliation and Arbitration
Screening of a
Proceedings (Institution Rules); Request and
the Rules of Procedure for Arbitration Proceedings (Arbitration Rules); and Registration
the Administrative and Financial Regulations.
Number of Arbitrators
The main steps in an ICSID Convention arbitration are depicted in the following flow and Method of
Appointment
chart.
First Session
Conduct of an ICSID Convention Arbitration
Other Procedures

Selection and
Appointment of
Tribunal members

Constitution of the
Tribunal

Written Procedure

Cost Submissions

Deliberations

Recognition and
Enforcement

Award

OTHER
PROCEDURES

Manifest Lack of Legal

Merit

Preliminary Objections

Confidentiality and
Transparency

Disqualification of
Arbitrators

Bifurcation

Provisional Measures

Production of
Documents

Non-disputing Party
Submission
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Submission

Discontinuance of
Proceedings

RELATED CONTENT

ICSID Convention

Institution Rules

ICSID Convention
Arbitration Rules

ICSID Administrative
and Financial
Regulations

The ICSID Convention

The ICSID Convention provides the framework for the conduct of an arbitration
proceeding. The main procedural provisions are contained in Chapters IV to VII of the
Convention. These provisions cross-reference other provisions, such as Article 14(1)
of the Convention concerning the required qualities of an arbitrator. The conditions for
jurisdiction are in Chapter II.

All provisions of the Convention are mandatory except when the Convention allows
parties to agree otherwise. If a question of procedure arises which is not covered by
the Convention or by the applicable Arbitration Rules, the Tribunal has discretion to
decide the question (see Article 44 of the Convention).

The Institution Rules

The Institution Rules explain how to institute an arbitration proceeding, including the
form and contents of the request for arbitration. They apply to the steps taken
between filing a request for arbitration until dispatch of the notice of registration.
Article 36 of the Convention also applies to this period. On average, cases are
registered within three weeks of the Centre receiving the request for arbitration with
supporting materials and the fee for lodging the request.

The Institution Rules do not apply to the institution of post-award remedy proceedings
under the ICSID Convention and Arbitration Rules.

The Arbitration Rules

The Arbitration Rules govern the arbitration proceeding once a request for arbitration
has been registered. They complement the ICSID Convention procedural provisions,
including provisions concerning post-award remedies.
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Article 44 of the ICSID Convention provides that arbitrations will be conducted in

accordance with the Arbitration Rules in effect on the date on which the parties
consented to arbitration, except as the parties otherwise agree. The current rules
came into effect on April 10, 2006.

The Administrative and Financial Regulations

The Administrative and Financial Regulations contain provisions concerning:

the costs of the proceeding (Regulation 14 to 16);

publication of case-related information (Regulation 22);
functions with respect to individual proceedings, including the ICSID
Secretariat’s services (Regulation 23 to 29);
calculation of time limits and submission of supporting documentation
(Regulation 29 to 30);
immunities and privileges (Regulation 31 to 32); and
official languages (Regulation 34).

For further information , see:

Lucy Reed, Jan Paulsson and Nigel Blackaby, Guide to ICSID Arbitration (2nd ed.),
Kluwer Law International (2010)
Christoph H. Schreuer, Loretta Malintoppi, August Reinisch & Anthony Sinclair, The
ICSID Convention: A Commentary (2nd ed.), Cambridge University Press (2009)
Aron Broches, Convention on the Settlement of Investment Disputes Between States
and Nationals of Other States of 1965: Explanatory Notes and Survey of its
Application, Yearbook of Commercial Arbitration, Vol. 18, p. 627 (1993)
Aron Broches, A Guide for Users of the ICSID Convention, News from ICSID, Vol. 8,
No. 1, p. 5 (1991)
Building International Investment Law: The First 50 Years of ICSID, Meg Kinnear,
Geraldine Fischer, Jara Minguez Almeida, Luisa Fernanda Torres and Mairée Uran
Bidegain (eds.), Wolters Kluwer (2015)

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