Recognition and Enforcement - Additional Facility Arbitration (2022 Rules)

An Award of a Tribunal is binding on all parties to the proceeding and each party must comply with it pursuant to its terms (Additional Facility Arbitration Rule 70(4)). If a party fails to comply with the Award, the other party can seek to have that Award recognized and enforced in domestic courts.

Unlike the ICSID Convention, the Additional Facility Arbitration Rules do not contain a recognition and enforcement mechanism. As the ICSID Convention is not applicable (Article 3 of the Additional Facility Rules), the recognition and enforcement of an Award made under the Additional Facility is governed by the law of the seat of arbitration, including any applicable treaties.

When the Award is rendered, the Secretary-General authenticates and deposits the original Award in the archives and transmits certified copies to the parties (Additional Facility Arbitration Rule 71). 

ICSID itself has no formal role in recognition and enforcement. However, if a party informs ICSID of the other party’s non-compliance with an Award, it is ICSID’s practice to contact the non-complying party to request information on the steps that party has taken, or will take, to comply with the Award.