ICC Rules. The reference table following the text of the Arbitration (Additional Facility) Rules shows the origin of their provisions.

As under the ICSID Rules, the majority of the members of a tribunal are required to be nationals of third countries, and the Chairman of the Centre's Administrative Council is the residual appointing authority. However, the Chairman is not restricted in his choice to a Panel of Arbitrators. Arbitrators are explicitly required to disclose any past and present professional business and other relevant relationships with the parties (Art. 14).

In order to assure the widest possible international recognition and enforcement of awards arbitration proceedings may be held only in States that are parties to the 1958 UN Convention. Subject thereto the Tribunal determines the place of arbitration and the award must be made at that place (Art. 20, 21).

Following UNCITRAL Article 1.2 the Rules provide that they shall govern the proceedings "save that if any of these Rules is in conflict with a provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail" (Art. 1). As regards the law applicable to the dispute in the absence of its designation by the parties "the Tribunal shall apply (a) the law determined by the conflict of laws rules which it considers applicable and (b) such rules of international law as the Tribunal considers applicable" (Art. 55). Paragraph (a) follows UNCITRAL Article 33.1 while paragraph (b) is derived from Article 42 of the Convention.

Fact-finding, as contemplated by the Additional Facility Rules is a process for preventing, rather than settling legal disputes. It is thus basically different from conciliation as well as arbitration. Under these Rules the proceedings will end with a Report which "shall be limited to findings of fact. The Report shall not contain any recommendations to the parties nor shall it have the character of an award" (Art. 16), and the parties will be "entirely free as to the effect to be given to the Report" (Art. 17).

The reason for including fact-finding in the Additional Facility was the need perceived in both private and public circles for fact-finding proceedings in the "pre-dispute" stage. They could provide the parties with an impartial assessment of facts which, if accepted by them, would prevent differences of view arising on specific factual issues in the course of a long-term relationship from escalating to legal disputes. Fact-finding can be useful in a contractual framework as well as in other contexts such as national or international guidelines or codes of conduct relating to foreign investment.

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