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If the application concerns Article 2(b), the Secretary-General must determine whether (i) the requirements of that provision are fulfilled, and (ii) the underlying dispute has features which distinguish it from an ordinary commercial transaction.
If the application concerns Article 2(a), the Secretary-General must determine whether (i) the requirements of that provision are fulfilled at the time, and (ii) both parties have given their consent to the jurisdiction of the Centre under Article 25 of the ICSID Convention in the event that the jurisdictional requirements rationae personae of that Article have been met at the time proceedings are instituted ( Article 2(a) and Article 4(2) of the Additional Facility Rules).This process is outlined in Article 4 of the Additional Facility Rules. ICSID will first determine whether access to the Additional Facility can be granted before determining whether a request for arbitration can be registered.Īs soon as a party has filed an application for access to the Additional Facility, ICSID sends the application to the other party and determines whether access can be approved in respect of an existing or future dispute.
#Ordinary world download registration
There are two steps necessary to commence arbitration under the Additional Facility: (i) the Secretary-General’s approval of an agreement to access the Additional Facility and (ii) the registration of a request for arbitration.
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