Termination of the Proceeding– Fact-Finding Rules (2022)

There are several ways an ICSID fact-finding proceeding may conclude (Fact-Finding Rule 18):

• the issuance of a notice by the Secretary-General that the proceeding is terminated because the parties have taken no step to appoint the members of the Committee within 120 consecutive days after the date of registration, or such other period as the parties may agree, pursuant to Fact-Finding Rule 9(4)
• the issuance of a Report by the Committee
• a notice from the parties that they have agreed to terminate the proceeding

In its Report, the Committee can (Fact-Finding Rule 20):

• make a recommendation if requested by the parties
• establish facts and the reasons why certain facts are not established
• record the failure of a party to participate or cooperate.

The Report is adopted by a majority of the members and is signed by them (Fact-Finding Rule 20(2)). A dissenting statement may be attached by any member (Fact-Finding Rule 20(3)). The Secretary-General dispatches a certified copy of the Report to the parties (Fact-Finding Rule 21).

Unless the parties agree otherwise, the Report of the Committee is not binding upon the parties, and the parties are free to give any effect to it (Fact-Finding Rule 20(4)).

The proceeding may also terminate if the parties fail to pay the required advances (Fact-Finding Administrative and Financial Regulation 8).