10/25/23, 10:04 AM How to file a Request for Arbitration - ICSID Convention Arbitration (2022 Rules) | ICSID

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How to file a Request for Arbitration - ICSID

Convention Arbitration (2022 Rules)
IN THIS SECTION
A party commences an arbitration under the ICSID Convention by filing a
Request for arbitration with the Secretary-General. Overview of an
Arbitration
The conditions for access to ICSID are contained in Article 25 (/procedures/arbitration/convention/overvie
(https://icsid.worldbank.org/rules-regulations/convention/icsid-
How to file a Request
convention/chapter-two#chapter2article25) of the ICSID Convention. There
for Arbitration
may be further conditions in the instrument containing the parties’ consent
(/procedures/arbitration/convention/how-
to arbitration. to-file-a-
request/2022)
The process of filing the Request is governed by Article 36
(https://icsid.worldbank.org/rules-regulations/convention/icsid- Screening and
convention/chapter-four#chapter4article36) of the ICSID Convention, the Registration
ICSID Institution Rules (https://icsid.worldbank.org/resources/rules-and- (/procedures/arbitration/convention/screen
regulations/convention/institution-rules) and Administrative and Financial registration/2022)
Regulation 18 (https://icsid.worldbank.org/rules- Initial Steps after
regulations/convention/icsid-administrative-financial-regulations/chapter- Registration
iii%3A-financial-provisions#rule-8276). (/procedures/arbitration/convention/initial-
steps-after-
Contents of the Request
registration/2022)
Required information and supporting documents (Institution Rule 2 Number of
(https://icsid.worldbank.org/rules-regulations/convention/icsid-institution- Arbitrators and
rules#rule-16586)) Method of
Appointment
The Request must: (/procedures/arbitration/convention/appoin
. be written in English, French or Spanish (the official languages of the Selection and
Centre) Appointment of
. include the name and contact details of all parties (including e-mail, Tribunal Members
street address and telephone number) (/procedures/arbitration/convention/selectio
. be signed and dated by the requesting party or its representative tribunal/2022)
. enclose proof of the representative’s authority to act, e.g., a power of Constitution of the
attorney or a letter of engagement Tribunal
. if the requesting party is a juridical person, include a statement that it has (/procedures/arbitration/convention/constit
taken all necessary internal actions to authorize the Request. tribunal/2022)
This statement must be supported by evidence, e.g., a resolution of the
First Session
board of directors.
(/procedures/arbitration/convention/first-
The Request must further include: session/2022)

.
a description of the investment and of its ownership and control
Time Limits and
.
a summary of the relevant facts and claims
Extensions of Time

.
the request for relief, including an estimate of the amount of damages
Limits
(/procedures/arbitration/convention/time-
sought limits)
.
an indication that there is a legal dispute between the parties arising
directly out of the investment Evidence
.
a copy of the instrument recording each party’s consent to submit the (/procedures/arbitration/convention/evidenc
dispute to arbitration under the ICSID Convention, the date of entry into Written Procedure
force of that instrument and evidence of its entry into force (/procedures/arbitration/convention/written
.
The date of consent is the date on which the parties to the dispute procedure/2022)
consented in writing to submit it to the Centre; if both parties did not
Case Management
act on the same day, it means the date on which the second party Conferences
acted (Institution Rule 2(2)(b)(iii) (https://icsid.worldbank.org/rules- (/procedures/arbitration/convention/case-
regulations/convention/icsid-institution-rules#rule-16586)) management-
.
If the consent is in a treaty or law, evidence of its entry into force (e.g., conferences/2022)
an extract from a government website showing the date of entry into
Hearings
force or a copy from a State's collection of laws) x
.
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If the consent
your browser.isTo
inlearn
a contract, thecookies,
more about Request must
click here.enclose a copy of the
this page, cookies will be placed on
(/procedures/arbitration/convention/hearing
(https://www.worldbank.org/en/about/legal/privacy-notice)
signed contract and its effective date
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10/25/23, 10:04 AM How to file a Request for Arbitration - ICSID Convention Arbitration (2022 Rules) | ICSID

an indication that the requesting party has complied with any condition Cost Submissions
. for submission of the dispute in the instrument of consent (/procedures/arbitration/convention/cost-
(e.g., compliance with negotiation periods) submissions/2022)
. if a party is a natural person, his/her nationality on the date of consent Deliberations
and the date of the Request together with evidence of such nationality (/procedures/arbitration/convention/deliber
(e.g., a passport), and a statement that he/she was not a national of the
State party to the dispute on either date (Article 25(2)(a) Award
(/procedures/arbitration/convention/award/
(https://icsid.worldbank.org/rules-regulations/convention/icsid-
convention/chapter-two#chapter2article25)) of the Convention) Confidentiality and
. if a party is a company or other juridical person, its nationality on the Transparency
date of consent together with evidence of such nationality, (e.g., an (/procedures/arbitration/convention/confide
extract from a commercial register) transparency/2022)
. If the juridical person is a national of the Member State party to the Post-Award
dispute, the Request must enclose the agreement of the parties that Remedies
the juridical person should be treated as a national of another (/procedures/arbitration/convention/post-
Member State for the purposes of the Convention (Article 25(2)(b award-
(https://icsid.worldbank.org/rules-regulations/convention/icsid- remedies/2022)
convention/chapter-two#chapter2article25))
Recognition and
(http://icsidfiles.worldbank.org/icsid/icsid/staticfiles/basicdoc/parta-
Enforcement
chap02.htm) of the Convention)
. if a party is a constituent subdivision or agency of a Member State, a
(/procedures/arbitration/convention/recogn
enforcement)
statement that it has been designated to the Centre by that State for the
purposes of Article 25(1) (https://icsid.worldbank.org/rules- Disqualification of
regulations/convention/icsid-convention/chapter- Arbitrators
(/procedures/arbitration/convention/disqua
two#chapter2article25) of the Convention
. The Request must also enclose evidence of the consent of the Manifest Lack of
subdivision or agency and the approval of such consent by the State, Legal Merit
unless the State has notified the Centre that no such approval is (/procedures/arbitration/convention/manife
required (Article 25(3) (https://icsid.worldbank.org/rules- lack-of-legal-
regulations/convention/icsid-convention/chapter- merit/2022)
two#chapter2article25) of the Convention and Measures Taken by Bifurcation
ICSID Contracting States for the Purpose of the Convention (Doc. (/procedures/arbitration/convention/bifurca
ICSID/8) (https://icsid.worldbank.org/resources/lists/measures-by-
member-states-ICSID/8)). Preliminary
Objections
Recommended Additional Information (Institution Rule 3 (/procedures/arbitration/convention/prelimi
(https://icsid.worldbank.org/rules-regulations/convention/icsid-institution- objections/2022)
rules#rule-16591)) Consolidation and
Coordination
It is recommended that the Request also include:
(/procedures/arbitration/convention/consoli
. any agreement by the parties or proposal regarding: coordination/2022)
. the number of arbitrators and the method of their appointment Provisional Measures
(https://icsid.worldbank.org/rules- (/procedures/arbitration/convention/provisio
regulations/convention/arbitration/appointment/2022) measures/2022)
. the language(s) to be used in the proceeding (English, French or
Ancillary Claims
Spanish)
. the use of expedited arbitration (https://icsid.worldbank.org/rules-
(/procedures/arbitration/convention/ancillar
claims/2022)
regulations/convention/arbitration/expedited-arbitration/2022) under
Chapter XII of the ICSID Arbitration Rules Default
. the names of persons and entities that own or control the requesting (/procedures/arbitration/convention/default
party if it is a juridical person. Security for Costs
(/procedures/arbitration/convention/security
Translation and Extracts of Supporting Documents (Institution Rule 4
for-costs/2022)
(https://icsid.worldbank.org/rules-regulations/convention/icsid-institution-
rules#rule-16596)) Production of
Documents
Supporting documents which are enclosed with the Request and are not in (/procedures/arbitration/convention/produc
English, French or Spanish must be accompanied by a translation into one of of-documents/2022)
these languages. It is sufficient if only the relevant parts are translated
Site Visits
(Institution Rule 4(4) (https://icsid.worldbank.org/rules-
(/procedures/arbitration/convention/site-
regulations/convention/icsid-institution-rules#rule-16596)). Extracts of
visits/2022)
documents can be filed as supporting documents if the extract is not
misleading (Institution Rule 4(2) (https://icsid.worldbank.org/rules- Non-Disputing Party
regulations/convention/icsid-institution-rules#rule-16596)). and Non-Disputing
Party Treaty
Electronic Filing Submissions
(/procedures/arbitration/convention/ndp- x
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submissions/2022)
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10/25/23, 10:04 AM How to file a Request for Arbitration - ICSID Convention Arbitration (2022 Rules) | ICSID

A complete request with all supporting documents should be uploaded onto Suspension,
ICSID's document sharing platform ("Box") and sent to the ICSID Secretariat Settlement, and
by email. No hard copies should be sent to ICSID. Discontinuance
(/procedures/arbitration/convention/discont
1. Upload onto Box
Expedited
In advance of the transmittal of the Request by email, please contact the Arbitration
ICSID Secretariat at ICSIDsecretariat@worldbank.org (/procedures/arbitration/convention/expedit
arbitration/2022)
(mailto:ICSIDsecretariat@worldbank.org) to request the creation of a folder
on Box and access instructions.

2. Transmittal by email

The Request, its supporting documents and a copy of the lodging fee wire
transfer should be sent to ICSIDsecretariat@worldbank.org
(mailto:ICSIDsecretariat@worldbank.org).

For submissions exceeding 25MB, please send the Request without

supporting documents and indicate in your email attaching the Request that
you have uploaded the supporting documents to Box, with a list of those
documents. Alternatively, supporting documents exceeding 25 MB may be
split into several individual emails (not exceeding 25 MB each).

Lodging Fee

A non-refundable fee of US$25,000 under the current Schedule of Fees

(https://icsid.worldbank.org/services/content/schedule-fees/2022), 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
(mailto:icsidsecretariat@worldbank.org). A copy of the wire transfer order
should be filed with the Request.

For further assistance, please contact the ICSID Secretariat

(mailto:icsidsecretariat@worldbank.org).

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