Confidentiality and Use of Information - ICSID Mediation (2022)

Confidentiality

All information relating to the mediation and all documents generated in or obtained during the mediation are confidential, unless (i) the parties agree otherwise, (ii) the information or document is independently available, or (iii) disclosure is required by law (Mediation Rule 10(1)).

In addition, unless the parties agree otherwise, the fact that they are mediating or have mediated the disputed issues shall be confidential (Mediation Rule 10(2)).

Absent party agreement, no information concerning the mediation will be published by ICSID (Mediation Administrative and Financial Regulation 3).

Use of Information in Other Proceedings

Unless the parties agree otherwise, neither party may rely in any other proceeding on any views expressed or admissions or offers of settlement made by the other party or the mediator (Mediation Rule 11).