INTRODUCTION

Art. 36 is the single article in Section 1 of the Convention's Chapter IV on “Arbitration”. Section 1 is entitled “Request for Arbitration”.

Art. 36 deals with the institution, that is the first stage of arbitration proceedings. It describes the request that must be submitted to the Secretary-General by the claimant and the information contained therein. It also deals with the steps that the Secretary-General must take, in particular his or her duty to determine whether the request is manifestly outside the Centre's jurisdiction.

The more detailed rules for this initial stage of the proceedings are contained in the Institution Rules (see Art. 44, paras. 5, 13, 39, 40). They are adopted by the Administrative Council pursuant to Art. 6(1)(b) of the Convention. The Institution Rules deal with the submission and registration of the request for arbitration and the notice of registration to the parties. They are restricted in scope to the period of time from the filing of a request to the dispatch of the notice of registration. After that time proceedings are regulated by the Conciliation Rules and the Arbitration Rules. The Institution Rules are examined in more detail and in their proper context below.