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Book Title: The ICSID Convention, Regulations and Rules
Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria
Publisher: Edward Elgar Publishing
Section: Chapter 20
Section Title: Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (Institution Rules)
Author(s): Lahlou, Yasmine
Number of pages: 12
Extract:
20
RULES OF PROCEDURE FOR THE
INSTITUTION OF CONCILIATION
AND ARBITRATION PROCEEDINGS
(INSTITUTION RULES)
Yasmine Lahlou
1. INTRODUCTION
The Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings 20.01
(defined in Rule 9(2) as the `Institution Rules') set out the requirements for the regis-
tration of a claimant's request for conciliation or arbitration by the Secretary-General
of the Centre (the `Request'). They were adopted by the Administrative Council of the
Centre pursuant to Article 6(1)(b) of the ICSID Convention.1 The Institution Rules
are supplemented by (i) Articles 28 and 36 of the Convention; and (ii) the Administra-
tive and Financial Regulations (namely Regulations 16, 22(1), 23, 24, 30 and 34(1)).
The Institution Rules apply to the steps taken to file a Request until dispatch of the 20.02
notice of registration by the Secretary-General to the Respondent (see Rule 7 below).
On average, these steps are accomplished within 21 days of the Centre receiving the
Request and the fee for lodging the Request (see Rule 5 below).2 Subsequent actions by
the parties are governed by the Conciliation Rules or the Arbitration Rules.
RULE 1 THE REQUEST
(1) Any Contracting State or any national of a Contracting State wishing to insti-
tute conciliation or arbitration proceedings under the Convention shall address
1 The Institution Rules were most recently amended in 2003. Institution Rules 2 and 7 were slightly modified in 2003,
with Rule 5 having previously been modified ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2019/3037.html