International Law and Arbitration Practice News

ICSID Rules and Regulations 2022: Article-by-Article Commentary

On 1 July 2022, the new edition of the International Centre for Settlement of Investment Disputes´ Rules and Regulations came into force. The 2022 amendments mark the fourth edition of the Rules and Regulations, originally adopted in 1968. The Commentary to the ICSID Rules and Regulations 2022 is the first comprehensive article-by-article guide to the new ICSID Rules and Regulations and is co-authored by a team of renowned practitioners and rising stars in the field of international arbitration.  

Anastasiya Ugale co-authored a commentary to Chapter I "General Provisions" of the ICSID Arbitration Rules 2022 that has seen a significant revamp compared to the previous edition. The changes from the 2006 edition embody all four of ICSID’s stated goals for the Rules’ revision—modernizing procedure, simplifying rules, reducing the time and cost of arbitration, and addressing environmental concerns. For example, electronic filing is now the default rule, reflecting the more modern, environmentally friendly and cost-efficient practices. Moreover, new Rule 3 explicitly places two separate duties upon party representatives and Tribunal members alike to both act in good faith during the proceeding and to act in an “expeditious and cost-effective” manner. While these duties were generally understood to be part and parcel of any arbitration, including an ICSID one, the new rule makes that explicit.

The editors and authors are:
Richard Happ and Stephan Wilske, the editors, are practicing lawyers and
experts in ICSID arbitration.

The authors are practicing lawyers and academics with deep practical expertise
in ICSID arbitration: Alexander Bedrosyan, Saadia Bhatty, Jeremy
Bloomenthal, Karl-Heinz Böckstiegel, Bianca Böhme, James Boykin,
Marc Bungenberg, Björn P. Ebert, Susan Franck, Amy Frey, Lindsay
Gastrell, Ankita Godbole, Anne-Karin Grill, Richard Happ, Eva Kalnina,
Swee Yen Koh, Barton Legum, Silvia Marchili, Lars Markert, Tatiana
Minaeva, Enrique Molina, William W. Park, Tim Rauschning, Noah
Rubins, Monique Sasson, Georg Scherpf, Sungjean Seo, Hi-Taek Shin,
Lukas Schultze-Moderow, Laurence Shore, Cedric Soule, Nandakumar
Srivatsa, Anna Stier, Anastasiya Ugale, Baiju Vasani, Stephan Wilske,
Sebastian Wuschka and Alvin Yeo.

The editors were assisted by Ralf Lewandowski
and Mathilde Raynal.

The Commentary may be purchased at