NCJ Number
96315
Journal
International Legal Materials Volume: 21 Dated: (November 1982) Pages: 1443-1472
Date Published
1982
Length
31 pages
Annotation
This document presents rules for dispute settlement proceedings authorized by the International Centre for Settlement of Investment Disputes (ICSID) but which are outside the scope of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Abstract
The rules apply to proceedings that encompass conciliation or arbitration for the settlement of investment disputes arising between parties, one of which is not a contracting state or a national of a contracting state; conciliation or arbitration between parties, at least one of which is a contracting state or a national of a contracting state for the settlement of disputes that do not directly arise out of an investment; and factfinding proceedings. Included are articles of the 'Additional Facility Rules,' which give the scope within which and the terms on which the Secretariat may administer these proceedings. They provide that the 'Additional Facility' proceedings will not be available for the settlement of ordinary commercial disputes. Explanatory comments follow the text of most of the articles of the Additional Facility Rules. Four schedules also are attached: The Administrative and Financial Rules (Additional Facility), which provide for nonrefundable fees; The Conciliation (Additional Facility) Rules, which are an amalgam of certain provisions of the Convention and of appropriate portions of the ICSID Conciliation Rules; the Arbitration (Additional Facility) Rules, which are based on the ICSID Arbitration Rules; and the Fact-Finding (Additional Facility) Rules.