There are two steps necessary to commence conciliation under the Additional Facility. A party must: (i) request and obtain the Secretary-General’s approval of an agreement to access the Additional Facility (Application for Access); and (ii) submit a request for conciliation to the Secretary-General (the Request for Conciliation). A party can take these two steps at the same time or in separate phases.
Application for Access
The conditions for access to the Additional Facility are contained in Article 2 and Article 4 of the rules governing the administration of proceedings under the Additional Facility by the ICSID Secretariat (Additional Facility Rules).
The process of filing the Application for Access is governed by Article 4 of the Additional Facility Rules.
Formal Requirements, Information and Documentation
The Application for Access to the Additional Facility must comply with Article 4 of the Additional Facility Rules.
The Application for Access must be:
The Application for Access must include:
The Request for Conciliation
Once the Application for Access has been approved, a party may commence a conciliation under the Additional Facility by submitting a Request for Conciliation to the Secretary-General. Alternatively, the Request for Conciliation can be submitted concurrently with an Application for Access in respect of an existing dispute.
The process of filing the request is governed by Articles 2 and 3 of the Conciliation (Additional Facility) Rules and the Administrative and Financial Regulations (Regulations 16, 30 and 34(1)).
The Request for Conciliation must comply with Articles 2 and 3 of the Conciliation (Additional Facility) Rules.
The request must be:
The request must include:
Optional Information: The request may include any agreement or proposal by the parties regarding the number of conciliators and the method of their appointment, and any other agreements concerning the settlement of the dispute (Article 3(2) of the Conciliation (Additional Facility) Rules).
Lodging Fee: The request must be accompanied by a non-refundable fee, which is US$25,000 under the current Schedule of Fees. The fee is payable by the party filing the request or by both parties if the request is made jointly.
The fee should be paid by wire transfer. Wire transfer instructions may be obtained by contacting the ICSID Secretariat. A copy of the wire transfer order should be filed with the request.