Legum, Barton; Crevon, Anna --- "Conciliation" [2019] ELECD 3020; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 256

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: Conciliation

Author(s): Legum, Barton; Crevon, Anna

Number of pages: 15

Extract:

3
CONCILIATION
Barton Legum and Anna Crevon



SECTION 1 REQUEST FOR CONCILIATION

ARTICLE 28

(1) Any Contracting State or any national of a Contracting State wishing to insti-
tute conciliation proceedings shall address a request to that effect in writing to
the Secretary-General who shall send a copy of the request to the other party.
(2) The request shall contain information concerning the issues in dispute, the iden-
tity of the parties and their consent to conciliation in accordance with the rules
of procedure for the institution of conciliation and arbitration proceedings.
(3) The Secretary-General shall register the request unless he finds, on the basis of
the information contained in the request, that the dispute is manifestly outside
the jurisdiction of the Centre. He shall forthwith notify the parties of registra-
tion or refusal to register.



1. COMMENTARY

A. ICSID conciliation mechanism

3.01 The ICSID Convention provides for two dispute settlement mechanisms, conciliation
in Chapter III and arbitration in Chapter IV. The Report of the Executive Directors
accompanying the ICSID Convention explained that the `differences between the two
sets of provisions reflect the basic distinction between the process of conciliation which
seeks to bring the parties to agreement and that of arbitration which aims at a binding
determination of the dispute by the Tribunal'.1




1 Report of the Executive Directors on the ICSID Convention, para. 37. See also Barton Legum and William Kirtley,
`The Status of the Report of the Executive Directors on the ICSID Convention' [ ...