The Rules of Procedure for Conciliation Proceedings (the Conciliation
Rules) of ICSID were adopted by the Administrative Council of the Centre
pursuant to Article 6(1)(c) of the ICSID Convention.
The Conciliation Rules are supplemented by the Administrative and
Financial Regulations of the Centre, in particular by Regulations 14-16,
22-31 and 34(1).
The Conciliation Rules cover the period of time from the dispatch
of the notice of registration of a request for conciliation until a report
is drawn up. The transactions previous to that time are to be regulated
in accordance with the Institution Rules.
Establishment of the Commission
(1) Upon notification of the registration of the request for conciliation,
the parties shall, with all possible dispatch, proceed to constitute a
Commission, with due regard to Section 2 of Chapter III of the Convention.
(2) Unless such information is provided in the request, the parties shall
communicate to the Secretary-General as soon as possible any provisions
agreed by them regarding the number of conciliators and the method of
Method of Constituting the Commission in the Absence of Previous Agreement
(1) If the parties, at the time of the registration of the request for
conciliation, have not agreed upon the number of conciliators and the
method of their appointment, they shall, unless they agree otherwise,
follow the following procedure:
(a) the requesting party shall, within 10 days after the registration
of the request, propose to the other party the appointment of a sole
conciliator or of a specified uneven number of conciliators and specify
the method proposed for their appointment;
(b) within 20 days after receipt of the proposals made by the requesting
party, the other party shall:
(i) accept such proposals; or
(ii) make other proposals regarding the number of conciliators and
the method of their appointment;
(c) within 20 days after receipt of the reply containing any such other
proposals, the requesting party shall notify the other party whether
it accepts or rejects such proposals.
(2) The communications provided for in paragraph (1) shall be made or
promptly confirmed in writing and shall either be transmitted through
the Secretary-General or directly between the parties with a copy to the
Secretary-General. The parties shall promptly notify the Secretary-General
of the contents of any agreement reached.
(3) At any time 60 days after the registration of the request, if no
agreement on another procedure is reached, either party may inform the
Secretary-General that it chooses the formula provided for in Article
29(2)(b) of the Convention. The Secretary-General shall thereupon promptly
inform the other party that the Commission is to be constituted in accordance
with that Article.
Appointment of Conciliators to a Commission Constituted in Accordance
with Convention Article 29(2)(b)
(1) If the Commission is to be constituted in accordance with Article
29(2)(b) of the Convention:
(a) either party shall, in a communication to the other party:
(i) name two persons, identifying one of them as the conciliator
appointed by it and the other as the conciliator proposed to be the
President of the Commission; and
(ii) invite the other party to concur in the appointment of the conciliator
proposed to be the President of the Commission and to appoint another
(b) promptly upon receipt of this communication the other party shall,
in its reply:
(i) name a person as the conciliator appointed by it; and
(ii) concur in the appointment of the conciliator proposed to be
the President of the Commission or name another person as the conciliator
proposed to be President;
(c) promptly upon receipt of the reply containing such a proposal,
the initiating party shall notify the other party whether it concurs
in the appointment of the conciliator proposed by that party to be the
President of the Commission.
(2) The communications provided for in this Rule shall be made or promptly
confirmed in writing and shall either be transmitted through the Secretary-General
or directly between the parties with a copy to the Secretary-General.
Appointment of Conciliators by the Chairman of the Administrative Council
(1) If the Commission is not constituted within 90 days after the dispatch
by the Secretary-General of the notice of registration, or such other
period as the parties may agree, either party may, through the Secretary-General,
address to the Chairman of the Administrative Council a request in writing
to appoint the conciliator or conciliators not yet appointed and to designate
a conciliator to be the President of the Commission.
(2) The provision of paragraph (1) shall apply mutatis mutandis
in the event that the parties have agreed that the conciliators shall
elect the President of the Commission and they fail to do so.
(3) The Secretary-General shall forthwith send a copy of the request
to the other party.
(4) The Chairman shall use his best efforts to comply with that request
within 30 days after its receipt. Before he proceeds to make an appointment
or designation, with due regard to Article 31(1) of the Convention, he
shall consult both parties as far as possible.
(5) The Secretary-General shall promptly notify the parties of any appointment
or designation made by the Chairman.
Acceptance of Appointments
(1) The party or parties concerned shall notify the Secretary-General
of the appointment of each conciliator and indicate the method of his
(2) As soon as the Secretary-General has been informed by a party or
the Chairman of the Administrative Council of the appointment of a conciliator,
he shall seek an acceptance from the appointee.
(3) If a conciliator fails to accept his appointment within 15 days,
the Secretary-General shall promptly notify the parties, and if appropriate
the Chairman, and invite them to proceed to the appointment of another
conciliator in accordance with the method followed for the previous appointment.
Constitution of the Commission
(1) The Commission shall be deemed to be constituted and the proceeding
to have begun on the date the Secretary-General notifies the parties that
all the conciliators have accepted their appointment.
(2) Before or at the first session of the Commission, each conciliator
shall sign a declaration in the following form:
"To the best of my knowledge there is no reason why I should not
serve on the Conciliation Commission constituted by the International
Centre for Settlement of Investment Disputes with respect to a dispute
between _________________and _________________.
"I shall keep confidential all information coming to my knowledge
as a result of my participation in this proceeding, as well as the contents
of any report drawn up by the Commission.
"I shall not accept any instruction or compensation with regard
to the proceeding from any source except as provided in the Convention
on the Settlement of Investment Disputes between States and Nationals
of Other States and in the Regulations and Rules made pursuant thereto.
"A statement of my past and present professional, business and
other relationships (if any) with the parties is attached hereto."
Any conciliator failing to sign such a declaration by the end of the
first session of the Commission shall be deemed to have resigned.
Replacement of Conciliators
At any time before the Commission is constituted, each party may replace
any conciliator appointed by it and the parties may by common consent
agree to replace any conciliator. The procedure of such replacement shall
be in accordance with Rules 1, 5 and 6.
Incapacity or Resignation of Conciliators
(1) If a conciliator becomes incapacitated or unable to perform the duties
of his office, the procedure in respect of the disqualification of conciliators
set forth in Rule 9 shall apply.
(2) A conciliator may resign by submitting his resignation to the other
members of the Commission and the Secretary-General. If the conciliator
was appointed by one of the parties, the Commission shall promptly consider
the reasons for his resignation and decide whether it consents thereto.
The Commission shall promptly notify the Secretary-General of its decision.
Disqualification of Conciliators
(1) A party proposing the disqualification of a conciliator pursuant
to Article 57 of the Convention shall promptly, and in any event before
the Commission first recommends terms of settlement of the dispute to
the parties or when the proceeding is closed (whichever occurs earlier),
file its proposal with the Secretary-General, stating its reasons therefor.
(2) The Secretary-General shall forthwith:
(a) transmit the proposal to the members of the Commission and, if
it relates to a sole conciliator or to a majority of the members of
the Commission, to the Chairman of the Administrative Council; and
(b) notify the other party of the proposal.
(3) The conciliator to whom the proposal relates may, without delay,
furnish explanations to the Commission or the Chairman, as the case may
(4) Unless the proposal relates to a majority of the members of the Commission,
the other members shall promptly consider and vote on the proposal in
the absence of the conciliator concerned. If those members are equally
divided, they shall, through the Secretary-General, promptly notify the
Chairman of the proposal, of any explanation furnished by the conciliator
concerned and of their failure to reach a decision.
(5) Whenever the Chairman has to decide on a proposal to disqualify a
conciliator, he shall use his best efforts to take that decision within
30 days after he has received the proposal.
(6) The proceeding shall be suspended until a decision has been taken
on the proposal.
Procedure during a Vacancy on the Commission
(1) The Secretary-General shall forthwith notify the parties and, if
necessary, the Chairman of the Administrative Council of the disqualification,
death, incapacity or resignation of a conciliator and of the consent,
if any, of the Commission to a resignation.
(2) Upon the notification by the Secretary-General of a vacancy on the
Commission, the proceeding shall be or remain suspended until the vacancy
has been filled.
Filling Vacancies on the Commission
(1) Except as provided in paragraph (2), a vacancy resulting from the
disqualification, death, incapacity or resignation of a conciliator shall
be promptly filled by the same method by which his appointment had been
(2) In addition to filling vacancies relating to conciliators appointed
by him, the Chairman of the Administrative Council shall appoint a person
from the Panel of Conciliators:
(a) to fill a vacancy caused by the resignation, without the consent
of the Commission, of a conciliator appointed by a party; or
(b) at the request of either party, to fill any other vacancy, if no
new appointment is made and accepted within 45 days of the notification
of the vacancy by the Secretary-General.
(3) The procedure for filling a vacancy shall be in accordance with Rules
1, 4(4), 4(5), 5 and, mutatis mutandis, 6(2).
Resumption of Proceeding after Filling a Vacancy
As soon as a vacancy on the Commission has been filled, the proceeding
shall continue from the point it had reached at the time the vacancy occurred.
The newly appointed conciliator may, however, require that any hearings
be repeated in whole or in part.