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be regarded by the parties as investments for the purposes of the Convention, which (b) involve long-term relationships or the commitment of substantial resources on the part of either party, and which (c) are of special importance to the economy of the State party, can be clearly distinguished from ordinary commercial transactions. Examples of such transactions may be found in various forms of industrial cooperation agreements and major civil works contracts". (iv) Paragraph (4): The term "investment" is not defined in the Convention and among the reasons for the proposal to establish the Additional Facility was the concern that a conciliation or arbitration agreement might be frustrated if a Commission or Tribunal declared itself incompetent on the ground that it considered the underlying transaction not to be an "investment". The purpose of paragraph (4) is to avoid such frustration on the one hand and unnecessary failure to use the Convention on the other. Use of the authority given the Secretary-General by this paragraph would be appropriate in border-line cases. Article 5 The responsibilities of the Secretariat in operating the Additional Facility and the financial provisions regarding its operation shall be as set forth in Schedule A, Administrative and Financial Rules (Additional Facility). Article 6 Conciliation, arbitration and fact-finding proceedings under the Additional Facility shall be conducted in accordance with the respective Conciliation (Additional Facility), Arbitration (Additional Facility) and Fact-finding (Additional Facility) Rules set forth in Schedules B, C and D.
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