Rule 1
The Request
(1) Any Contracting State or any national of
a Contracting State wishing to institute conciliation or
arbitration proceedings under the Convention shall address a
request to that effect in writing to the Secretary-General at the
seat of the Centre. The request shall indicate whether it relates
to a conciliation or an arbitration proceeding. It shall be drawn
up in an official language of the Centre, shall be dated, and shall
be signed by the requesting party.
(2) The request may be made jointly by the
parties to the dispute.
Rule 2
Contents of the
Request
(1) The request shall:
(a) designate precisely each party to the
dispute and state the address of each;
(b) state, if one of the parties is a
constituent subdivision or agency of a Contracting State, that it
has been designated to the Centre by that State pursuant to Article
25(1) of the Convention;
(c) indicate the date of consent and the
instruments in which it is recorded, including, if one party is a
constituent subdivision or agency of a Contracting State, similar
data on the approval of such consent by that State unless it had
notified the Centre that no such approval is required;
(d) indicate with respect to the party that
is a national of a Contracting State:
(i) its nationality on the date of consent;
and
(ii) if the party is a natural
person:
(A) his nationality on the date of the
request; and
(B) that he did not have the nationality of
the Contracting State party to the dispute either on the date of
consent or on the date of the request; or
(iii) if the party is a juridical person
which on the date of consent had the nationality of the Contracting
State party to the dispute, the agreement of the parties that it
should be treated as a national of another Contracting State for
the purposes of the Convention; and
(e) contain information concerning the issues
in dispute indicating that there is, between the parties, a legal
dispute arising directly out of an investment.
(2) The information required by subparagraphs
(1)(c) and (1)(d)(iii) shall be supported by
documentation.
(3) "Date of consent" means the date on which
the parties to the dispute consented in writing to submit it to the
Centre; if both parties did not act on the same day, it means the
date on which the second party acted.
Rule 3
Optional Information in the
Request
The request may in addition set forth any
provisions agreed by the parties regarding the number of
conciliators or arbitrators and the method of their appointment, as
well as any other provisions agreed concerning the settlement of
the dispute.
Rule 4
Copies of the
Request
(1) The request shall be accompanied by five
additional signed copies. The Secretary-General may require such
further copies as he may deem necessary.
(2) Any documentation submitted with the
request shall conform to the requirements of Administrative and
Financial Regulation 30.
Rule 5
Acknowledgement of the
Request
(1) On receiving a request the
Secretary-General shall:
(a) send an acknowledgement to the requesting
party;
(b) take no other action with respect to the
request until he has received payment of the prescribed
fee.
(2) As soon as he has received the fee for
lodging the request, the Secretary-General shall transmit a copy of
the request and of the accompanying documentation to the other
party.
Rule 6
Registration of the
Request
(1) The Secretary-General shall, subject to
Rule 5(1)(b), as soon as possible, either:
(a) register the request in the Conciliation
or the Arbitration Register and on the same day notify the parties
of the registration; or
(b) if he finds, on the basis of the
information contained in the request, that the dispute is
manifestly outside the jurisdiction of the Centre, notify the
parties of his refusal to register the request and of the reasons
therefor.
(2) A proceeding under the Convention shall
be deemed to have been instituted on the date of the registration
of the request.
Rule 7
Notice of
Registration
The notice of registration of a request
shall:
(a) record that the request is registered and
indicate the date of the registration and of the dispatch of that
notice;
(b) notify each party that all communications
and notices in connection with the proceeding will be sent to the
address stated in the request, unless another address is indicated
to the Centre;
(c) unless such information has already been
provided, invite the parties to communicate to the
Secretary-General any provisions agreed by them regarding the
number and the method of appointment of the conciliators or
arbitrators;
(d) invite the parties to proceed, as soon as
possible, to constitute a Conciliation Commission in accordance
with Articles 29 to 31 of the Convention, or an Arbitral Tribunal
in accordance with Articles 37 to 40; and
(e) be accompanied by a list of the members
of the Panel of Conciliators or of Arbitrators of the
Centre.
Rule 8
Withdrawal of the
Request
The requesting party may, by written notice
to the Secretary-General, withdraw the request before it has been
registered. The Secretary-General shall promptly notify the other
party, unless, pursuant to Rule 5(1)(b), the request had not been
transmitted to it.
Rule 9
Final Provisions
(1) The texts of these Rules in each official
language of the Centre shall be equally authentic.
(2) These Rules may be cited as the
"Institution Rules" of the Centre.