Constitution of the Committee - ICSID Fact-Finding Rules (2022)

Constitution of the Committee

Once the sole member or each member of the Committee have accepted their appointment and that the Committee is constituted, the Secretary-General notifies the parties and transmits the Request and all correspondence between ICSID and the parties to the Committee (Fact-Finding Rule 11).

Upon the constitution of the Committee:

• A member of the ICSID Secretariat (legal counsel) is designated as the Secretary of the Committee (Fact-Finding Administrative and Financial Regulation 2).
• The parties are invited to file initial written statements 15 days after the constitution of the Committee (Fact-Finding Rule 12(1)).
• The first session must be held within 30 days from the constitution, unless the parties agree otherwise (Fact-Finding Rule 11(2)). The Secretary of the Committee will contact the Committee and the parties to enquire about their availability for the session.
• When necessary, the parties will be asked to make a further advance payment to cover the costs of the subsequent phase of the proceeding (Fact-Finding Administrative and Financial Regulation 7(1)(b)). Any unused funds will be reimbursed to the parties.
• Administrative charges in the form of hourly fees (see Schedule of Fees) apply, which will be divided equally between the parties unless the parties otherwise agree (Fact-Finding Rule 15(a)). These charges are deducted periodically from the parties’ advances. 

Of note, unless the parties and the Committee agree otherwise, a member may not act as arbitrator, conciliator, counsel, expert, judge, mediator, witness or in any other capacity in any proceeding relating to circumstances examined during the fact-finding (Fact-Finding Rule 10(7)).