The Past and Future of the ICSID Additional Facility Dispute Settlement

This chapter provides an overview of the creation of the ICSID Additional Facility (AF) in 1978, its development and use between 1978 and 2022, and its revision in the amended ICSID rules of 2022. The chapter focuses on the 2022 version of the AF Rules to highlight how the Rules have expanded the availability of AF arbitration and conciliation, including by delinking them from the Convention’s jurisdictional requirements. The chapter further examines how the 2022 amendments have realigned certain AF procedures with their counterparts in the Convention arbitration and conciliation rules. The chapter also notes the creation through the 2022 amended ICSID rules of stand-alone sets of Fact-Finding and Mediation Rules. This discussion illuminates how the revised Additional Facility Rules of 2022 will apply in practice and the impact this might have on investor–state dispute settlement in the future.