Arbitration - Investing into North African Solar Power - page 88

2.3.2.6 Applicable Law, Amendments and Timetable

According to Art. 42(1) of the ICSID Convention, the parties can agree on the
applicable law and if they do not, the tribunal decides. Art. 46 of the ICSID
Convention deals with the tribunal

s ability to consider amendments or supple-
ments to the claim. In addition, Rule 40 of the Arbitration Rules deals with ancillary
claims and the possibility to present additional claims (Rule 40(1) of the Arbitration
Rules).
Rule 26 of the Arbitration Rules offers the possibility to set up a fixed timetable
for the arbitration process.

'

2.3.2.7 Multi-Party Arbitration

There are no explicit provisions concerning consolidation and multi-party arbitra-
tion within the ICSID Convention. In practice, there is the possibility to consolidate
and create multi-party arbitration. Both can be seen in one case, where the tribunal
consolidated two cases at the request of the respondent and the first and
second claimants. 301 Although the ICSID Convention does not mention the option
of multi-party arbitration, this possibility has already been discussed in the travaux
pr ´paratoires of the ICSID Convention. 302 Down to the present day, there have
been several cases where ICSID tribunals have handled multi-party arbitrations. 303

2.3.2.8 Evidence, Hearings, Witnesses, Provisional Measures
and Confidentiality

Rule 34 of the Arbitration Rules deals with evidence, and Rules 35 and 36 of the
Arbitration Rules contain provisions on the hearing of witnesses and experts. The
possibility of provisional measures is addressed in Art. 47 of the ICSID Convention
and Rule 39 of the Arbitration Rules. Finally, Rule 6(2) of the Arbitration Rules
requires the arbitrators to sign a declaration that they will keep all information
confidential.

2.3.2.9 Award and Costs

Finally, there are regulations concerning awards and costs. The provisions on costs
are similar to the articles of the other arbitration institutions. Art. 59 to 61 of the

301 ICSID [2006] ARB/03/13 and [2006] ARB/04/8, 3-5 paras 1-4 and 7.
302 Lamm et al. ( 2009 ), 54 (60).
303 Lamm et al. ( 2009 ), 54 (60).