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Part II Mediation Rules and Mediation in Practice, 7 The ICSID Conciliation Rules in Practice

Frauke Nitschke

From: Mediation in International Commercial and Investment Disputes

Edited By: Catharine Titi, Katia Fach Gómez

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 18 April 2021

Investor — ICSID Additional Facility arbitration — Arbitration — Conciliation — Mediation

The International Centre for Settlement of Investment Disputes (ICSID) is most known for its arbitration caseload; however, the ICSID Convention and the ICSID Additional Facility Rules also envision the settlement of investment disputes through conciliation proceedings. This chapter provides an overview of the ICSID Conciliation process, from the filing of a request for conciliation, its registration, to the constitution of the conciliation commission, and the conduct of the conciliation procedure, including the outcomes of ICSID conciliation proceedings to date. The chapter further examines the application of the Conciliation Rules under the ICSID Convention and the ICSID Additional Facility Rules by the respective conciliation commissions, thereby providing an unprecedented review of ICSID conciliation practice. Taking into account past practice, it then discusses the amendments proposed by the ICSID Secretariat to the ICSID conciliation framework. Where suitable, the chapter includes quantitative analysis of the ICSID conciliation caseload. It closes by looking at the future of the ICSID conciliation procedure, and reviews the centre’s activities in the area of investor-state mediation.

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