Initial Steps After Registration - ICSID Mediation (2022)

The mediation proceeding begins when the Request for mediation is registered. Unless the parties agree otherwise, the applicable Mediation Rules are those in effect at the time of the filing of the Request (Mediation Rule 3(4)).

The parties may agree to modify provisions of the Mediation Rules other than Rules 1-7 which regulate the institution of the mediation. If any of the Mediation Rules or any agreement of the parties to modify the application of the Mediation Rules conflicts with a provision of law from which the parties cannot derogate, that provision shall prevail (Mediation Rule 3(3)).

Effects of Registration

Once the Request for mediation is registered:

• The parties should appoint the mediator as soon as possible. If they have not already done so, they should endeavor to agree on the appointment of one or two mediators within 30 days after registration (Mediation Rule 13(3)) and subsequently select and appoint the mediator(s) within 60 days (Mediation Rule 13(4)).
• The party instituting the mediation will be asked to make an initial advance payment to cover the costs of the mediation through the first session (Mediation Administrative and Financial Regulation 7(1)(a)). This amount will be considered as partial payment of its share of the advances that the parties are requested to make after the transmittal of the Request to the mediator (Mediation Administrative and Financial Regulation 7(1)(b)).
• The names of the parties and basic case information is posted on the ICSID website only if the parties agree (Mediation Administrative and Financial Regulation 3).