RULES GOVERNING THE ADDITIONAL FACILITY
FOR THE ADMINISTRATION OF PROCEEDINGS
BY THE SECRETARIAT
OF THE INTERNATIONAL CENTRE
FOR SETTLEMENT OF INVESTMENT DISPUTES
(ADDITIONAL FACILITY RULES)
Article 1
Definitions
(1) "Convention" means the Convention on the
Settlement of Investment Disputes between States and Nationals of Other States, submitted
to Governments by the Executive Directors of the International Bank for Reconstruction and
Development on March 18, 1965, which entered into force on October 14, 1966.
(2) "Centre" means the International Centre
for Settlement of Investment Disputes established pursuant to Article 1 of the Convention.
(3) "Secretariat" means the Secretariat of the
Centre.
(4) "Contracting State" means a State for
which the Convention has entered into force.
(5) "Secretary-General" means the
Secretary-General of the Centre or his deputy.
(6) "National of another State" means a person
who is not, or whom the parties to the proceeding in question have agreed not to treat as,
a national of the State party to that proceeding.
Article 2
Additional Facility
The Secretariat of the Centre is hereby authorized to
administer, subject to and in accordance with these Rules, proceedings between a State (or
a constituent subdivision or agency of a State) and a national of another State, falling
within the following categories:
(a) conciliation and arbitration proceedings for the
settlement of legal disputes arising directly out of an investment which are not within
the jurisdiction of the Centre because either the State party to the dispute or the State
whose national is a party to the dispute is not a Contracting State;
(b) conciliation and arbitration proceedings for the
settlement of legal disputes which are not within the jurisdiction of the Centre because
they do not arise directly out of an investment, provided that either the State party to
the dispute or the State whose national is a party to the dispute is a Contracting State;
and
(c) fact-finding proceedings.
The administration of proceedings authorized by these Rules is hereinafter referred to as the Additional Facility.