Appointing Authority

The Secretary-General of ICSID is available to be designated as appointing authority in proceedings not conducted under the ICSID Convention or the ICSID Additional Facility Rules. This designation may be made by contract, law, treaty, or by agreement of the parties to the dispute.

Request for Appointment

The party requesting an appointment should file a request for appointment with ICSID.

Contents of request: The request should include the following information and supporting documents:

  • a description of the nature of the dispute;
  • the notice of arbitration or equivalent instrument instituting dispute resolution proceedings;
  • the dispute resolution clause and the provision designating ICSID as appointing authority;
  • contact details for all parties to the dispute (i.e., mailing address, e-mail, telephone, fax);
  • the name and nationality of any arbitrator(s) already appointed;
  • language of the proceeding; and
  • signature of the requesting party or its duly authorized representative. A request signed by a representative must enclose proof of the authorization to act, for example, a power of attorney.

Appointment Fee: The request shall be accompanied by a non-refundable fee of US$10,000 per requested appointment.  This fee covers all disbursements and services rendered in making the appointment.  The fee should be paid by wire transfer.  Wire transfer instructions may be obtained by contacting the ICSID Secretariat. The fee will be credited to the party's share of the administrative charge if ICSID administers the proceeding.

Where to Send: Please submit an electronic copy of the request to:

Once the above information and fee are received, ICSID will transmit the request to the other party(ies) to the dispute.

Method of Appointment and Procedure

When acting as appointing authority, ICSID is not limited to making appointments from any list other than one provided by the applicable legal instrument.  The selection will be based on the best available candidates who meet the criteria required by the parties and the applicable legal instrument.  Appointments are completed expeditiously, recognizing the parties' wish to have an impartial and expert designee.

If the instrument designating ICSID as appointing authority establishes a method for the appointment, or the parties to the dispute have reached an agreement on the method of appointment, ICSID will follow that method.

If no agreement exists, the method of appointment may vary depending on the type of appointment requested.

  • When appointing a presiding arbitrator/conciliator or a sole arbitrator/conciliator, ICSID will usually follow a list ranking or a ballot procedure.  Under the ballot procedure, ICSID proposes potential appointees and requests the parties to advise which, if any, of these appointees they would accept.  A party is not required to share its selection with the other party.  If the parties agree on more than one proposed appointee, ICSID selects one of those persons and informs the parties of the selection.  If the parties do not agree on any of the appointees proposed in the list, an arbitrator/conciliator (who will not be any of the candidates in the list) is selected by ICSID and, following consultation with the parties, the arbitrator/conciliator is appointed. Under the list ranking procedure, each party can strike a certain number of potential appointees and rank the remaining appointees. The candidate with the best ranking is appointed.
  • When appointing a co-arbitrator/conciliator, ICSID usually selects the missing arbitrator/conciliator directly, and following consultation with the parties, the arbitrator/conciliator is appointed.

Designating ICSID as Appointing Authority

The following is an example of a clause parties may use to designate the Secretary-General of ICSID as appointing authority:  "The Secretary-General of the International Centre for Settlement of Investment Disputes shall serve as appointing authority for disputes arising out of or in relation to this [contract; law; treaty]."

Parties wishing to entrust this role to ICSID are welcome to contact the Centre if they have any questions about the process.