International Centre for Settlement of Investment Disputes
Establishment and Organization
(1) There is hereby established the International Centre for Settlement
of Investment Disputes (hereinafter called the Centre).
(2) The purpose of the Centre shall be to provide facilities for conciliation
and arbitration of investment disputes between Contracting States and
nationals of other Contracting States in accordance with the provisions
of this Convention.
The seat of the Centre shall be at the principal office of the International
Bank for Reconstruction and Development (hereinafter called the Bank).
The seat may be moved to another place by decision of the Administrative
Council adopted by a majority of two-thirds of its members.
The Centre shall have an Administrative Council and a Secretariat and
shall maintain a Panel of Conciliators and a Panel of Arbitrators.
The Administrative Council
(1) The Administrative Council shall be composed of one representative
of each Contracting State. An alternate may act as representative in case
of his principal's absence from a meeting or inability to act.
(2) In the absence of a contrary designation, each governor and alternate
governor of the Bank appointed by a Contracting State shall be ex officio
its representative and its alternate respectively.
The President of the Bank shall be ex officio Chairman of the
Administrative Council (hereinafter called the Chairman) but shall have
no vote. During his absence or inability to act and during any vacancy
in the office of President of the Bank, the person for the time being
acting as President shall act as Chairman of the Administrative Council.
(1) Without prejudice to the powers and functions vested in it by other
provisions of this Convention, the Administrative Council shall:
(a) adopt the administrative and financial regulations of the Centre;
(b) adopt the rules of procedure for the institution of conciliation
and arbitration proceedings;
(c) adopt the rules of procedure for conciliation and arbitration proceedings
(hereinafter called the Conciliation Rules and the Arbitration Rules);
(d) approve arrangements with the Bank for the use of the Bank's
administrative facilities and services;
(e) determine the conditions of service of the Secretary-General and
of any Deputy Secretary-General;
(f) adopt the annual budget of revenues and expenditures of the Centre;
(g) approve the annual report on the operation of the Centre.
The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above
shall be adopted by a majority of two-thirds of the members of the Administrative
(2) The Administrative Council may appoint such committees as it considers
(3) The Administrative Council shall also exercise such other powers
and perform such other functions as it shall determine to be necessary
for the implementation of the provisions of this Convention.
(1) The Administrative Council shall hold an annual meeting and such
other meetings as may be determined by the Council, or convened by the
Chairman, or convened by the Secretary-General at the request of not less
than five members of the Council.
(2) Each member of the Administrative Council shall have one vote and,
except as otherwise herein provided, all matters before the Council shall
be decided by a majority of the votes cast.
(3) A quorum for any meeting of the Administrative Council shall be a
majority of its members.
(4) The Administrative Council may establish, by a majority of two-thirds
of its members, a procedure whereby the Chairman may seek a vote of the
Council without convening a meeting of the Council. The vote shall be
considered valid only if the majority of the members of the Council cast
their votes within the time limit fixed by the said procedure.
Members of the Administrative Council and the Chairman shall serve without
remuneration from the Centre.
The Secretariat shall consist of a Secretary-General, one or more Deputy
Secretaries-General and staff.
(1) The Secretary-General and any Deputy Secretary-General shall be elected
by the Administrative Council by a majority of two-thirds of its members
upon the nomination of the Chairman for a term of service not exceeding
six years and shall be eligible for re-election. After consulting the
members of the Administrative Council, the Chairman shall propose one
or more candidates for each such office.
(2) The offices of Secretary-General and Deputy Secretary-General shall
be incompatible with the exercise of any political function. Neither the
Secretary-General nor any Deputy Secretary-General may hold any other
employment or engage in any other occupation except with the approval
of the Administrative Council.
(3) During the Secretary-General's absence or inability to act,
and during any vacancy of the office of Secretary-General, the Deputy
Secretary-General shall act as Secretary-General. If there shall be more
than one Deputy Secretary-General, the Administrative Council shall determine
in advance the order in which they shall act as Secretary-General.
The Secretary-General shall be the legal representative and the principal
officer of the Centre and shall be responsible for its administration,
including the appointment of staff, in accordance with the provisions
of this Convention and the rules adopted by the Administrative Council.
He shall perform the function of registrar and shall have the power to
authenticate arbitral awards rendered pursuant to this Convention, and
to certify copies thereof.
The Panel of Conciliators and the Panel of Arbitrators shall each consist
of qualified persons, designated as hereinafter provided, who are willing
to serve thereon.
(1) Each Contracting State may designate to each Panel four persons who
may but need not be its nationals.
(2) The Chairman may designate ten persons to each Panel. The persons
so designated to a Panel shall each have a different nationality.
(1) Persons designated to serve on the Panels shall be persons of high
moral character and recognized competence in the fields of law, commerce,
industry or finance, who may be relied upon to exercise independent judgment.
Competence in the field of law shall be of particular importance in the
case of persons on the Panel of Arbitrators.
(2) The Chairman, in designating persons to serve on the Panels, shall
in addition pay due regard to the importance of assuring representation
on the Panels of the principal legal systems of the world and of the main
forms of economic activity.
(1) Panel members shall serve for renewable periods of six years.
(2) In case of death or resignation of a member of a Panel, the authority
which designated the member shall have the right to designate another
person to serve for the remainder of that member's term.
(3) Panel members shall continue in office until their successors have
(1) A person may serve on both Panels.
(2) If a person shall have been designated to serve on the same Panel
by more than one Contracting State, or by one or more Contracting States
and the Chairman, he shall be deemed to have been designated by the authority
which first designated him or, if one such authority is the State of which
he is a national, by that State.
(3) All designations shall be notified to the Secretary-General and shall
take effect from the date on which the notification is received.
Financing the Centre
If the expenditure of the Centre cannot be met out of charges for the
use of its facilities, or out of other receipts, the excess shall be borne
by Contracting States which are members of the Bank in proportion to their
respective subscriptions to the capital stock of the Bank, and by Contracting
States which are not members of the Bank in accordance with rules adopted
by the Administrative Council.
Status, Immunities and Privileges
The Centre shall have full international legal personality. The legal
capacity of the Centre shall include the capacity:
(a) to contract;
(b) to acquire and dispose of movable and immovable property;
(c) to institute legal proceedings.
To enable the Centre to fulfil its functions, it shall enjoy in the territories
of each Contracting State the immunities and privileges set forth in this
The Centre, its property and assets shall enjoy immunity from all legal
process, except when the Centre waives this immunity.
The Chairman, the members of the Administrative Council, persons acting
as conciliators or arbitrators or members of a Committee appointed pursuant
to paragraph (3) of Article 52, and the officers and employees of the
shall enjoy immunity from legal process with respect to acts performed
by them in the exercise of their functions, except when the Centre waives
not being local nationals, shall enjoy the same immunities from immigration
restrictions, alien registration requirements and national service obligations,
the same facilities as regards exchange restrictions and the same treatment
in respect of travelling facilities as are accorded by Contracting States
to the representatives, officials and employees of comparable rank of
other Contracting States.
provisions of Article 21 shall apply to persons appearing in proceedings
under this Convention as parties, agents, counsel, advocates, witnesses
or experts; provided, however, that sub-paragraph (b) thereof shall apply
only in connection with their travel to and from, and their stay at, the
place where the proceedings are held.
The archives of the Centre shall be inviolable, wherever they may be.
(2) With regard to its official communications, the Centre shall be accorded
by each Contracting State treatment not less favourable than that accorded
to other international organizations.
(1) The Centre, its assets, property and income, and its operations and
transactions authorized by this Convention shall be exempt from all taxation
and customs duties. The Centre shall also be exempt from liability for
the collection or payment of any taxes or customs duties.
(2) Except in the case of local nationals, no tax shall be levied on
or in respect of expense allowances paid by the Centre to the Chairman
or members of the Administrative Council, or on or in respect of salaries,
expense allowances or other emoluments paid by the Centre to officials
or employees of the Secretariat.
(3) No tax shall be levied on or in respect of fees or expense allowances
received by persons acting as conciliators, or arbitrators, or members
of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings
under this Convention, if the sole jurisdictional basis for such tax is
the location of the Centre or the place where such proceedings are conducted
or the place where such fees or allowances are paid.