VIII. RULES OF PROCEDURE

A. Use of Current Version of Rules of Procedure

Article 44 of the Convention provides that arbitration proceedings shall in general and "except as the parties otherwise agree" be conducted in accordance with the Arbitration Rules of the Centre in effect on the date on which the parties consented to arbitration under the Convention. The parties may however wish to provide that the Arbitration Rules should always apply in their most up-to-date form. This can be accomplished by a clause along the lines of the following.

Clause 16

Any arbitration proceeding pursuant to this agreement shall be conducted in accordance with the Arbitration Rules of the Centre in effect on the date on which the proceeding is instituted.

B. Substitution of Particular Procedural Rules

Instead of using the Arbitration Rules of the Centre, the parties may prefer to substitute their own dispositions for some of the ICSID ones.14

Clause 17

Any arbitration proceeding pursuant to this agreement shall be conducted in accordance with the Arbitration Rules of the Centre except that the following provisions shall be substituted for the Rules indicated below:...




14 - In doing so, the parties should take care that their rules do not contravene any of the binding provisions (i.e., those that do not permit the parties to agree on alternatives) of the Convention, of the Administrative and Financial Regulations, or of the Institution Rules of the Centre.


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