Welcome to the Ultimate Guide to ICSID Additional Facility Arbitration Rules

As a law enthusiast and advocate for fair and just arbitration, I am thrilled to share with you the ins and outs of the International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Arbitration Rules. These rules, established in 1978, have been instrumental in providing a framework for resolving investment disputes between states and foreign investors.

What are the ICSID Additional Facility Arbitration Rules?

The ICSID Additional Facility Arbitration Rules are a set of rules and procedures that govern arbitration proceedings between states and foreign investors when the ICSID Convention does not apply. The Additional Facility was created to extend the ICSID`s jurisdiction to cases that fall outside the scope of the Convention, providing a forum for dispute resolution in certain investment disputes.

Key Features ICSID Additional Facility Arbitration Rules

Here are some key features of the ICSID Additional Facility Arbitration Rules:

Feature	Description
Eligibility	Applicable to disputes that do not fall within the scope of the ICSID Convention
Arbitral Tribunal	Allows for the appointment of an arbitral tribunal to resolve investment disputes
Procedural Flexibility	Provides a flexible framework for arbitration procedures

Case Studies

To understand the real-world impact of the ICSID Additional Facility Arbitration Rules, let`s take a look at a few case studies:

1. Waste Management, Inc. V. United Mexican States
2. Rumeli Telekom A.S. V. Republic Kazakhstan

Statistics

According to ICSID`s annual report, the number of cases administered under the Additional Facility has been steadily increasing over the years, demonstrating the growing importance of these rules in international investment disputes.

The ICSID Additional Facility Arbitration Rules play a crucial role in providing a fair and efficient mechanism for resolving investment disputes. As the globalization of investment continues to grow, these rules will continue to be a cornerstone of international investment law.

Guide to the ICSID Additional Facility Arbitration Rules

Welcome Guide to the ICSID Additional Facility Arbitration Rules. This professional legal contract provides a comprehensive overview and analysis of the rules governing arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Additional Facility. It is intended to serve as a valuable resource for legal practitioners, scholars, and individuals seeking a deeper understanding of this specialized field of international arbitration.

Contract

Article 1: Scope Application
The ICSID Additional Facility Arbitration Rules (the “Rules”) shall apply to any arbitration proceeding conducted pursuant to the ICSID Additional Facility, as defined in Article 1 of the ICSID Additional Facility Arbitration Rules. The Rules shall govern the conduct of the arbitration, including the appointment of arbitrators, the conduct of the proceedings, and the enforcement of any resulting awards.
Article 2: Commencement Arbitration
Arbitration proceedings under the ICSID Additional Facility may be commenced by the filing of a request for arbitration in accordance with the procedures set forth in Article 2 of the ICSID Additional Facility Arbitration Rules. The request for arbitration must include a detailed statement of the claim, as well as any supporting evidence and legal arguments.
Article 3: Constitution Tribunal
The constitution of the arbitral tribunal shall be governed by the provisions of Article 3 of the ICSID Additional Facility Arbitration Rules. The tribunal shall be composed of one or more arbitrators, who shall be appointed in accordance with the procedures set forth in the Rules. The tribunal shall have the authority to conduct the arbitration and render a final award.
Article 4: Conduct Proceedings
The conduct of the arbitration proceedings, including the exchange of pleadings, the submission of evidence, and the scheduling of hearings, shall be governed by the provisions of Article 4 of the ICSID Additional Facility Arbitration Rules. The tribunal may issue procedural orders and directions to ensure the fair and efficient conduct of the proceedings.
Article 5: Enforcement Awards
Any award rendered in an arbitration conducted pursuant to the ICSID Additional Facility Arbitration Rules shall be final and binding on the parties, and may be enforced in accordance with the provisions of Article 5 of the Rules. The award may be enforced in any jurisdiction that is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Frequently Asked Legal Questions – A Guide to the ICSID Additional Facility Arbitration Rules

Question	Answer
1. What are the key features of the ICSID Additional Facility Arbitration Rules?	The ICSID Additional Facility Arbitration Rules provide a comprehensive framework for the conduct of arbitration proceedings arising under the Additional Facility of the International Centre for Settlement of Investment Disputes (ICSID). These rules offer parties the opportunity to resolve disputes related to investment agreements, contracts, and transactions involving one or more parties from ICSID member states through arbitration.
2. How do the ICSID Additional Facility Arbitration Rules differ from the ICSID Convention Arbitration Rules?	The ICSID Additional Facility Arbitration Rules apply to disputes that do not fall within the scope of the ICSID Convention, hence providing an extended jurisdiction for resolving investment-related disputes. While both sets of rules share many similarities, the Additional Facility Rules cater to disputes involving non-ICSID member states and non-foreign investment contracts.
3. What are the key provisions for initiating arbitration under the ICSID Additional Facility Arbitration Rules?	Under the ICSID Additional Facility Arbitration Rules, a party seeking arbitration must submit a notice of arbitration to the ICSID Secretariat. This notice should include details regarding the parties involved, the nature of the dispute, and the relief sought. Once the ICSID Secretariat registers the notice, the arbitration proceedings can commence.
4. Can parties choose their arbitrators under the ICSID Additional Facility Arbitration Rules?	Yes, the ICSID Additional Facility Arbitration Rules allow parties to select arbitrators of their choice. However, if the parties are unable to agree on the appointment of arbitrators, the ICSID Secretariat can make the appointments on their behalf.
5. What are the key differences between ad hoc and institutional arbitration under the Additional Facility Rules?	Ad hoc arbitration refers to arbitration conducted without the intervention of an administering institution, while institutional arbitration involves the oversight and administration of the proceedings by an institution. The ICSID Additional Facility Arbitration Rules provide for institutional arbitration, with the ICSID Secretariat serving as the administering authority, ensuring a structured and supervised arbitration process.
6. Are there any specific provisions for interim measures of protection under the ICSID Additional Facility Arbitration Rules?	Yes, the Additional Facility Rules include provisions for parties to seek interim measures of protection to preserve their rights and prevent harm during the arbitration proceedings. These measures may include injunctive relief, orders to preserve evidence, or other precautionary measures to maintain the status quo.
7. How does the ICSID Additional Facility Arbitration Rules address the issue of costs and fees?	The Additional Facility Rules provide for the allocation of costs and fees, allowing the tribunal to apportion the costs of arbitration between the parties. This includes the tribunal`s fees, administrative expenses, and other costs incurred during the proceedings, taking into account the conduct of the parties and the outcome of the arbitration.
8. Do the ICSID Additional Facility Arbitration Rules provide for the enforcement of arbitral awards?	Yes, the Additional Facility Rules include provisions for the recognition and enforcement of arbitral awards. These awards are enforceable in the same manner as national court judgments, providing parties with a means to enforce the tribunal`s decisions and obtain relief for their claims.
9. Can parties challenge an arbitrator`s appointment under the ICSID Additional Facility Arbitration Rules?	Yes, the Additional Facility Rules allow parties to challenge the appointment of an arbitrator if there are justifiable doubts regarding the arbitrator`s independence or impartiality. The ICSID Secretariat will then decide on the challenge, ensuring the integrity and fairness of the arbitration process.
10. What role does the ICSID Secretariat play in administering arbitrations under the Additional Facility Rules?	The ICSID Secretariat serves as the administrative arm of the Additional Facility Arbitration Rules, handling the registration of notices, appointment of arbitrators, and overall administration of the arbitration proceedings. It plays a crucial role in facilitating the orderly conduct of arbitrations and ensuring compliance with the Additional Facility Rules.