A Guide to the ICSID Additional Facility Arbitration Rules

Recourse to arbitration under the ICSID Additional Facility Rules in those cases where standard ICSID arbitration is not available is on the increase. Not only has there been a steady flow of Additional Facility Rules cases against States that have traditionally used the Additional Facility Rules (such as Canada and Mexico), but there has also been a spike in cases against new users such as Uzbekistan, Laos, Kyrgyzstan, and Equatorial Guinea. The denunciation of the ICSID Convention by Venezuela, Ecuador, and Bolivia will likely also fuel the growth in arbitrations under the Additional Facility Rules, as several of their investment treaties provide for the use of the Additional Facility Rules when ICSID Convention arbitration is not available.

This is the first text to provide a comprehensive examination of the inception, interpretation and application of the ICSID Additional Facility Rules, written by practitioners with extensive experience in international arbitrations, and with the benefit of insights from the ICSID Secretariat. It is practical and strategic in approach, considering how each rule features in the context of the realities that practitioners face, with an ongoing comparison between the Additional Facility Rules and other rules commonly used in investment arbitrations, such as the standard ICSID Rules and the UNCITRAL Rules.

The book begins with an introduction to ICSID Additional Facility arbitration and is followed by an in-depth rule-by-rule analysis, starting with the commencement of an arbitration and working up to and including the rendering of an award and the determination of costs. The examination will be supported by comprehensive consideration of all awards rendered under the Additional Facility rules to date.

About the Author:
Caroline Richard, Senior Associate, Freshfields Bruckhaus Deringer, Jean-Paul Dechamps, Senior Associate, Freshfields Bruckhaus Deringer

Caroline Richard is a Senior Associate in Freshfields' international arbitration group in Washington DC with significant experience in investor-State arbitration. She has represented foreign investors in international arbitrations under the auspices of the ICSID, ICSID Additional Facility and UNCITRAL Rules and has acted in disputes in the energy, mining, infrastructure and telecommunications sectors, amongst others. She is also an Adjunct Professor at American University's Washington College of Law where she teaches an investment arbitration course.

Jean-Paul is a Senior Associate in Freshfields' international arbitration group in London, specializing in investment and commercial disputes in Latin America where he has acted on behalf of Governments and private investors in disputes under the ICSID, ICSID Additional Facility, ICC, LCIA, and UNCITRAL rules involving the oil & gas, electricity, mining and food sectors.