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THE ICSID CASELOAD –
STATISTICS
(ISSUE 2014-1)
© 2014 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement.
Page | 2
The ICSID Caseload – Statistics
(Issue 2014-1)
This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically
and for the calendar year 2013. It is based on cases registered or administered by ICSID as of
December 31, 2013.
As in the previous issues, this document illustrates: the number of cases registered under the
ICSID Convention and Additional Facility Rules; the number of other cases administered by the
ICSID Secretariat; the basis of consent to ICSID jurisdiction invoked in registered arbitration and
conciliation cases; the geographic distribution of ICSID cases by the State party to the dispute,
and the economic sectors involved in ICSID disputes. It also contains data on outcomes in ICSID
arbitration and conciliation proceedings, including further information on disputes decided by
arbitral tribunals, data on discontinued ICSID arbitration proceedings, and outcomes to date in
annulment proceedings under the ICSID Convention. The nationalities and geographic origins of
arbitrators, conciliators and ad hoc committee members appointed in ICSID cases are also
featured.
The Secretariat will continue to publish the ICSID Caseload – Statistics on a bi-annual basis, and
welcomes any comments or suggestions by email at ICSIDsecretariat@worldbank.org.
© 2014 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement.
Page | 3
TABLE OF CONTENTS
1
PART I - ALL CASES REGISTERED AND ADMINISTERED BY ICSID
1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2013 6
2. Cases Registered by ICSID 7
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year 7
Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules, by Calendar Year 8
Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8
3. Non-ICSID Cases Administered by the ICSID Secretariat 9
Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years2
9
4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 10
Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and
Additional Facility Rules 10
5. Geographic Distribution of All ICSID Cases, by State Party Involved 11
Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party
Involved 11
6. Distribution of All ICSID Cases by Economic Sector 12
Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector 12
7. ICSID Arbitration and Conciliation Proceedings – Outcomes 13
Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13
Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings 14
Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis 15
Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes 16
Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports 16
8. Annulment Proceedings under the ICSID Convention – Outcomes 17
Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 17
9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 18
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention
and Additional Facility Rules – Distribution of Appointments by Geographic Region 18
Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention
and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by
Geographic Region 19
Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the
ICSID Convention and Additional Facility Rules 20
1
The data is based on ICSID statistics as of December 31, 2013.
2
The ICSID Fiscal Year covers the period July 1 to June 30.
© 2014 by International Centre for Settlement of Investment Disputes.
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PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2013
1. New Cases Registered by ICSID in 2013 22
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2013 22
2. Non-ICSID Cases Administered by the ICSID Secretariat in 2013 22
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2013 22
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 23
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 under the ICSID
Convention and Additional Facility Rules 23
4. Geographic Distribution of New ICSID Cases Registered in 2013, by State Party Involved 24
Chart 4: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules,
by State Party Involved 24
Chart 5: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules,
by State Party Involved – Further Details 25
5. Distribution of New ICSID Cases Registered in 2013, by Economic Sector 26
Chart 6: Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by Economic Sector 26
6. ICSID Arbitration Proceedings Concluded in 2013 – Outcomes 27
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2013 – Outcomes 27
Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2013 – Findings 28
Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules
in 2013 – Basis 29
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2013 30
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the
ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 30
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the
ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties
(or Party-appointed Arbitrators) by Geographic Region 31
Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered
under the ICSID Convention and Additional Facility Rules 32
© 2014 by International Centre for Settlement of Investment Disputes.
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Page | 5
PART I
ALL CASES REGISTERED AND ADMINISTERED
BY ICSID
© 2014 by International Centre for Settlement of Investment Disputes.
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Page | 6
1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2013
© 2014 by International Centre for Settlement of Investment Disputes.
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Page | 7
2. Cases Registered by ICSID
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year:
As of December 31, 2013, ICSID had registered 459 cases under the ICSID Convention and Additional Facility Rules.
1
4
1 2 1 2 2 3 4
1
4
1 2 1
3 3 3
10 11 10
12
14
19
31
27 27
23
37
21
25 26
38
50
40
0
10
20
30
40
50
60
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Cases Registered under the ICSID Convention and Additional Facility Rules
© 2014 by International Centre for Settlement of Investment Disputes.
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Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year:
Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules:
1
4
1 2 1 2 1 2 4
1
4
1 2 1 2 3 3
8 8 8 9
14
18
30
21
24
21
32
20
23 25
33
40 38
1 1 1
1
1
1 1
2 3 2 3
1
6
2
2
4
1
2
1
4
8
2
2
0
10
20
30
40
50
60
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases
ICSID Convention
Arbitration Cases
407
(89%)
ICSID Convention
Conciliation Cases
7
(1.5%)
ICSID Additional Facility
Arbitration Cases
43
(9%)
ICSID Additional Facility
Conciliation Cases
2
(0.5%)
© 2014 by International Centre for Settlement of Investment Disputes.
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3. Non-ICSID Cases Administered by the ICSID Secretariat
Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years:
The ICSID Secretariat offers various levels of administrative and organizational support for non-ICSID
dispute settlement in State-State or investor-State proceedings. Among the State-State cases administered
in the past decade are the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), an expert
determination proceeding under the Indus Waters Treaty of 1960, and an arbitration under the Softwood
Lumber Agreement of 2006 (United States v. Canada).
The Centre also frequently provides administrative assistance to investor-State arbitrations under the
UNCITRAL Rules or other ad hoc dispute settlement provisions. The Centre’s services in these proceedings
range from support with the organization of hearings to administrative services comparable to those
provided in ICSID cases. The Secretariat also acts as appointing authority, and decides proposals for
disqualification of arbitrators, upon request. In addition to administering UNCITRAL arbitrations, ICSID has
also assisted with the organization of hearings in arbitration proceedings conducted under the auspices of
the ICC, LCIA, PCA, and other institutions.
10
11
10
7
6
4
6
3
5 5
1
1
1
3
2
1
2
0
2
4
6
8
10
12
14
FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 July 1 -
Dec. 31,
2013
Investor-State UNCITRAL Arbitrations Other Cases
© 2014 by International Centre for Settlement of Investment Disputes.
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4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases
Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and
Additional Facility Rules:
ASEAN Agreement for the
Promotion and Protection
of Investments
0.5%
Bilateral Investment
Treaty (BIT)
63.0%
Dominican Republic-
United States-Central
America Free Trade
Agreement (DR-CAFTA)
1.0%
Investment Contract
between the Investor and
the Host-State
19.0%
Investment Law of the
Host-State
8.0%
North American Free
Trade Agreement
(NAFTA)
3.0%
Agreement between the
United States of America
and the Sultanate of
Oman on the
Establishment of a Free
Trade Area (Oman-U.S.
FTA)
0.5%
Energy Charter Treaty
(ECT)
5.0%
© 2014 by International Centre for Settlement of Investment Disputes.
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Page | 11
5. Geographic Distribution of All ICSID Cases, by State Party Involved
Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by
State Party Involved*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
South America
27%
Central America &
the Carribean
7%
North America
(Canada, Mexico & U.S.)
5% Eastern Europe &
Central Asia
24%
Western Europe
2%
Sub-Saharan Africa
16%
Middle East &
North Africa
11%
South & East Asia &
the Pacific
8%
© 2014 by International Centre for Settlement of Investment Disputes.
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6. Distribution of All ICSID Cases by Economic Sector
Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic
Sector*:
* This sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.
Finance
7%
Information &
Communication
6%
Agriculture, Fishing &
Forestry
4%
Oil, Gas & Mining
26%
Electric Power &
Other Energy
13%
Water, Sanitation &
Flood Protection
6%
Construction
7%
Tourism
4%
Other Industry
13%
Transportation
10%
Services &
Trade
4%
© 2014 by International Centre for Settlement of Investment Disputes.
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7. ICSID Arbitration and Conciliation Proceedings – Outcomes
Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:
Dispute decided by
Tribunal
64%
(see chart 8a)
Dispute settled or
proceeding otherwise
discontinued
36%
(see chart 8b)
© 2014 by International Centre for Settlement of Investment Disputes.
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Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings:
* Pursuant to ICSID Arbitration Rule 41(5) and Article 45(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 2006, a
party may, at an early stage of the proceeding, file an objection that a claim is manifestly without merit. If the Tribunal decides that the claims are manifestly without
legal merit, it shall render an award to that effect.
Award deciding that the
claims are manifestly
without legal merit
1%*
Award declining
jurisdiction
25%
Award dismissing all
claims
28%
Award upholding claims in
part or in full
46%
© 2014 by International Centre for Settlement of Investment Disputes.
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Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility
Rules – Basis:
1
ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50.
2
ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2).
3
In accordance with Article 44 of the ICSID Convention.
4
ICSID Administrative & Financial Regulation 14(3)(d).
5
ICSID Arbitration Rule 45. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 51.
6
ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).
Proceeding discontinued
at the request of both
parties6
47%
Proceeding discontinued
at the request of one
party1
27%
Settlement agreement
embodied in an award at
parties' request2
16%
Proceeding discontinued
at the Initiative of the
Tribunal3
1%
Proceeding discontinued
for lack of payment of
the required advances4
8%
Proceeding discontinued
for failure of parties to
act5
1%
© 2014 by International Centre for Settlement of Investment Disputes.
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Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes:
Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports:
Conciliation
Commission Report
issued
71%
(see chart 10) Proceeding
Discontinued
29%
Report recording
failure of the Parties to
reach agreement
80%
Report recording
agreement of the
Parties
20%
© 2014 by International Centre for Settlement of Investment Disputes.
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8. Annulment Proceedings under the ICSID Convention – Outcomes
Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:
4
9
18
96
53
0 1 0
13
8
0
3 1
8
1
0 0 1
5
9
0
20
40
60
80
100
120
1971-1980 1981-1990 1991-2000 2001-2010 2011 -
Number of Convention awards rendered Number of decisions rejecting the application for annulment
Number of decisions annulling the award in part or in full Number of annulment proceedings discontinued
© 2014 by International Centre for Settlement of Investment Disputes.
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9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart
reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2013.
North America
(Canada, Mexico & U.S.)
22%
South America
11%
Central America &
the Caribbean
2%
Middle East &
North Africa
4%
Sub-Saharan Africa
2%
South & East Asia &
the Pacific
10%
Eastern Europe &
Central Asia
2%
Western Europe
47%
© 2014 by International Centre for Settlement of Investment Disputes.
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Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed
Arbitrators) by Geographic Region*:
* The geographical classification is based on the World Bank’s regions as set forth at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart
reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2013.
49 47
16 25 17
63
10
201
275
115
17
42
16
94
14
509
0
100
200
300
400
500
600
North America
(Canada, Mexico &
U.S.)
South America Central America &
the Caribbean
Middle East &
North Africa
Sub-Saharan Africa South & East Asia &
the Pacific
Eastern Europe &
Central Asia
Western Europe
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
© 2014 by International Centre for Settlement of Investment Disputes.
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Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered
under the ICSID Convention and Additional Facility Rules:
163
155
133
97
93
74
52
50
45
45
40
36
34
33
32
30
24
22
20
17
12
12
11
11
11
10
10
10
10
9
9
9
8
8
7
7
7
7
7
7
7
6
6
6
6
6
6
5
5
4
4
4
4
4
3
3
3
3
3
3
2
2
2
2
2
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0 20 40 60 80 100 120 140 160 180
United States of America
France
United Kingdom
Canada
Switzerland
Spain
Australia
Mexico
Chile
Germany
Italy
Belgium
Netherlands
Argentina
New Zealand
Egypt, Arab Rep. of
Colombia
Costa Rica
Sweden
France/Sweden/Bahrain
Brazil
United Kingdom/France
Austria
Bulgaria
United States of America/Switzerland
Canada/New Zealand
Lebanon/France
Philippines
Singapore
Denmark
Greece
Uruguay
Bangladesh
Venezuela
China
Colombia/France
Ecuador
Morocco
Senegal
Slovak Republic
Thailand
Finland
India
Malaysia
Pakistan
Peru
Switzerland/Brazil
Guyana
Iran, Islamic Rep. of/France
Algeria
Cyprus
Germany/Austria
Iran, Islamic Rep. of
Somalia
Honduras
Israel
Jamaica
Nigeria
Switzerland/Ireland
Togo
Barbados
Benin
Czech Republic
Gabon
Ghana
Guatemala
Jordan
Lebanon
Madagascar
Malawi
Portugal
Serbia
United States of America/France
Cameroon
Canada/Switzerland
Central African Republic
Croatia
Dominica
France/Mauritius
Japan
Korea, Rep. of
Luxembourg
Norway
Slovenia
South Africa
Sri Lanka
Sudan
United Kingdom/Ghana
United States of America/Canada
Number of Appointments
State
of
Nationality
of
Appointee
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PART II
CASES REGISTERED AND ADMINISTERED
BY ICSID IN 2013
© 2014 by International Centre for Settlement of Investment Disputes.
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1. New Cases Registered by ICSID in 2013
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2013:
2. Non-ICSID Cases Administered by the ICSID Secretariat in 2013
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2013:
38
2
0
5
10
15
20
25
30
35
40
ICSID Convention Arbitration Cases
ICSID Additional Facility Arbitration Cases
7
2
0
1
2
3
4
5
6
7
8
Investor-State UNCITRAL Arbitrations Other Cases
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3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in
2013
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 under the ICSID
Convention and Additional Facility Rules:
Bilateral Investment
Treaty (BIT)
57%
Investment Contract
between the Investor and
the Host-State
14%
Investment Law of the
Host-State
17%
Energy Charter Treaty
(ECT)
12%
© 2014 by International Centre for Settlement of Investment Disputes.
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Page | 24
4. Geographic Distribution of New ICSID Cases Registered in 2013, by State Party Involved
Chart 4: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility
Rules, by State Party Involved*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
South America
5%
Central America &
the Carribean
7%
North America
(Canada, Mexico & U.S.)
2%
Eastern Europe &
Central Asia
33%
Western Europe
13%
Sub-Saharan Africa
15%
Middle East &
North Africa
20%
South & East Asia &
the Pacific
5%
© 2014 by International Centre for Settlement of Investment Disputes.
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Page | 25
Chart 5: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility
Rules, by State Party Involved – Further Details*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
Bulgaria, 1
Croatia, 2
Cyprus, 1
Hungary, 2
Egypt, 6
Kazakhstan, 1
Kyrgyz Republic, 1 Burundi, 1
Slovenia, 1 Cameroon, 1 France, 1
Uzbekistan, 4
Madagascar, 1 Greece, 1
Mali, 1
Spain, 3
Costa Rica, 1
Jordan, 1 Nigeria, 1 El Salvador, 1 Peru, 1 Pakistan, 1
Tunisia, 1 Uganda, 1 Panama, 1 Venezuela, 1 Papua New Guinea, 1 Mexico, 1
Eastern Europe &
Central Asia
Middle East &
North Africa
Sub-Saharan
Africa
Western
Europe
Central America
& the Caribbean
South America
South & East Asia
& the Pacific
North America
(Canada, Mexico
& U.S.)
© 2014 by International Centre for Settlement of Investment Disputes.
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5. Distribution of New ICSID Cases Registered in 2013, by Economic Sector
Chart 6: Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by
Economic Sector*:
* The sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.
Finance
5%
Information &
Communication
2%
Agriculture, Fishing &
Forestry
2%
Oil, Gas & Mining
27%
Electric Power &
Other Energy
20%
Water, Sanitation &
Flood Protection
2%
Construction
8%
Tourism
3%
Other Industry
20%
Transportation
8%
Services &
Trade
3%
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6. ICSID Arbitration Proceedings Concluded in 2013 – Outcomes
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2013 – Outcomes:
Dispute decided by
Tribunal
83%
(see chart 7a)
Dispute settled or
proceeding otherwise
discontinued
17%
(see chart 7b)
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Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2013 –
Findings:
Award declining
jurisdiction
40%
Award dismissing all
claims
30%
Award upholding claims
in part or in full
30%
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Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility
Rules in 2013 – Basis:
1
ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).
2
ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2).
Proceeding discontinued
at the request of both
parties1
75%
Settlement agreement
embodied in an award at
parties' request2
25%
© 2014 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement.
Page | 30
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in
2013
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart
reflects appointments made to Tribunals and ad hoc Committees constituted in 2013.
North America
(Canada, Mexico & U.S.)
14%
South America
10%
Central America &
the Caribbean
3%
Middle East &
North Africa
2%
Sub-Saharan Africa
1%
South & East Asia &
the Pacific
13%
Eastern Europe &
Central Asia
1%
Western Europe
56%
© 2014 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement.
Page | 31
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID
Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed
Arbitrators) by Geographic Region*:
* The classification of the geographic regions above is based on the World Bank’s regional system, available at
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart
reflects appointments made to Tribunals and ad hoc Committees constituted in 2013.
2
4 3 2 1
7
0
18
18
10
1 1 1
11
1
62
0
10
20
30
40
50
60
70
North America
(Canada, Mexico &
U.S.)
South America Central America &
the Caribbean
Middle East &
North Africa
Sub-Saharan Africa South & East Asia &
the Pacific
Eastern Europe &
Central Asia
Western Europe
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
© 2014 by International Centre for Settlement of Investment Disputes.
Content may be reproduced for educational use with acknowledgement.
Page | 32
Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases
Registered under the ICSID Convention and Additional Facility Rules:
27
12
10
10
8
5
5
4
4
4
3
3
3
3
3
3
3
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0 5 10 15 20 25 30
France
United States of America
United Kingdom
Spain
Switzerland
Chile
Australia
Canada
Colombia
United Kingdom/France
Costa Rica
Mexico
New Zealand
Netherlands
Austria
Sweden
Singapore
Argentina
Belgium
Germany
Italy
China
France/Sweden/Bahrain
United States of America/Switzerland
Morocco
Bulgaria
Pakistan
Philippines
Somalia
Brazil
Finland
Germany/Austria
Guatemala
Japan
Korea, Rep.of
Malaysia
United Kingdom/Ghana
Iran, Islamic Rep. of/France
Switzerland/Ireland
Switzerland/Brazil
Uruguay
Number of Appointments
State
of
Nationality
of
Appointee

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2014 1 icsid caseload

  • 1. THE ICSID CASELOAD – STATISTICS (ISSUE 2014-1)
  • 2. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 2 The ICSID Caseload – Statistics (Issue 2014-1) This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2013. It is based on cases registered or administered by ICSID as of December 31, 2013. As in the previous issues, this document illustrates: the number of cases registered under the ICSID Convention and Additional Facility Rules; the number of other cases administered by the ICSID Secretariat; the basis of consent to ICSID jurisdiction invoked in registered arbitration and conciliation cases; the geographic distribution of ICSID cases by the State party to the dispute, and the economic sectors involved in ICSID disputes. It also contains data on outcomes in ICSID arbitration and conciliation proceedings, including further information on disputes decided by arbitral tribunals, data on discontinued ICSID arbitration proceedings, and outcomes to date in annulment proceedings under the ICSID Convention. The nationalities and geographic origins of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases are also featured. The Secretariat will continue to publish the ICSID Caseload – Statistics on a bi-annual basis, and welcomes any comments or suggestions by email at ICSIDsecretariat@worldbank.org.
  • 3. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 3 TABLE OF CONTENTS 1 PART I - ALL CASES REGISTERED AND ADMINISTERED BY ICSID 1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2013 6 2. Cases Registered by ICSID 7 Chart 1: Total Number of ICSID Cases Registered, by Calendar Year 7 Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules, by Calendar Year 8 Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8 3. Non-ICSID Cases Administered by the ICSID Secretariat 9 Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years2 9 4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 10 Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules 10 5. Geographic Distribution of All ICSID Cases, by State Party Involved 11 Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved 11 6. Distribution of All ICSID Cases by Economic Sector 12 Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector 12 7. ICSID Arbitration and Conciliation Proceedings – Outcomes 13 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13 Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings 14 Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis 15 Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes 16 Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports 16 8. Annulment Proceedings under the ICSID Convention – Outcomes 17 Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 17 9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 18 Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 18 Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 19 Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules 20 1 The data is based on ICSID statistics as of December 31, 2013. 2 The ICSID Fiscal Year covers the period July 1 to June 30.
  • 4. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 4 PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2013 1. New Cases Registered by ICSID in 2013 22 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2013 22 2. Non-ICSID Cases Administered by the ICSID Secretariat in 2013 22 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2013 22 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 23 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules 23 4. Geographic Distribution of New ICSID Cases Registered in 2013, by State Party Involved 24 Chart 4: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by State Party Involved 24 Chart 5: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details 25 5. Distribution of New ICSID Cases Registered in 2013, by Economic Sector 26 Chart 6: Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by Economic Sector 26 6. ICSID Arbitration Proceedings Concluded in 2013 – Outcomes 27 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2013 – Outcomes 27 Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2013 – Findings 28 Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2013 – Basis 29 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2013 30 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 30 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 31 Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID Convention and Additional Facility Rules 32
  • 5. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 5 PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID
  • 6. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 6 1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2013
  • 7. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 7 2. Cases Registered by ICSID Chart 1: Total Number of ICSID Cases Registered, by Calendar Year: As of December 31, 2013, ICSID had registered 459 cases under the ICSID Convention and Additional Facility Rules. 1 4 1 2 1 2 2 3 4 1 4 1 2 1 3 3 3 10 11 10 12 14 19 31 27 27 23 37 21 25 26 38 50 40 0 10 20 30 40 50 60 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Cases Registered under the ICSID Convention and Additional Facility Rules
  • 8. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 8 Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year: Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules: 1 4 1 2 1 2 1 2 4 1 4 1 2 1 2 3 3 8 8 8 9 14 18 30 21 24 21 32 20 23 25 33 40 38 1 1 1 1 1 1 1 2 3 2 3 1 6 2 2 4 1 2 1 4 8 2 2 0 10 20 30 40 50 60 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases ICSID Convention Arbitration Cases 407 (89%) ICSID Convention Conciliation Cases 7 (1.5%) ICSID Additional Facility Arbitration Cases 43 (9%) ICSID Additional Facility Conciliation Cases 2 (0.5%)
  • 9. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 9 3. Non-ICSID Cases Administered by the ICSID Secretariat Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years: The ICSID Secretariat offers various levels of administrative and organizational support for non-ICSID dispute settlement in State-State or investor-State proceedings. Among the State-State cases administered in the past decade are the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), an expert determination proceeding under the Indus Waters Treaty of 1960, and an arbitration under the Softwood Lumber Agreement of 2006 (United States v. Canada). The Centre also frequently provides administrative assistance to investor-State arbitrations under the UNCITRAL Rules or other ad hoc dispute settlement provisions. The Centre’s services in these proceedings range from support with the organization of hearings to administrative services comparable to those provided in ICSID cases. The Secretariat also acts as appointing authority, and decides proposals for disqualification of arbitrators, upon request. In addition to administering UNCITRAL arbitrations, ICSID has also assisted with the organization of hearings in arbitration proceedings conducted under the auspices of the ICC, LCIA, PCA, and other institutions. 10 11 10 7 6 4 6 3 5 5 1 1 1 3 2 1 2 0 2 4 6 8 10 12 14 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 July 1 - Dec. 31, 2013 Investor-State UNCITRAL Arbitrations Other Cases
  • 10. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 10 4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules: ASEAN Agreement for the Promotion and Protection of Investments 0.5% Bilateral Investment Treaty (BIT) 63.0% Dominican Republic- United States-Central America Free Trade Agreement (DR-CAFTA) 1.0% Investment Contract between the Investor and the Host-State 19.0% Investment Law of the Host-State 8.0% North American Free Trade Agreement (NAFTA) 3.0% Agreement between the United States of America and the Sultanate of Oman on the Establishment of a Free Trade Area (Oman-U.S. FTA) 0.5% Energy Charter Treaty (ECT) 5.0%
  • 11. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 11 5. Geographic Distribution of All ICSID Cases, by State Party Involved Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved*: * The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. South America 27% Central America & the Carribean 7% North America (Canada, Mexico & U.S.) 5% Eastern Europe & Central Asia 24% Western Europe 2% Sub-Saharan Africa 16% Middle East & North Africa 11% South & East Asia & the Pacific 8%
  • 12. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 12 6. Distribution of All ICSID Cases by Economic Sector Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector*: * This sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf. Finance 7% Information & Communication 6% Agriculture, Fishing & Forestry 4% Oil, Gas & Mining 26% Electric Power & Other Energy 13% Water, Sanitation & Flood Protection 6% Construction 7% Tourism 4% Other Industry 13% Transportation 10% Services & Trade 4%
  • 13. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 13 7. ICSID Arbitration and Conciliation Proceedings – Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes: Dispute decided by Tribunal 64% (see chart 8a) Dispute settled or proceeding otherwise discontinued 36% (see chart 8b)
  • 14. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 14 Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings: * Pursuant to ICSID Arbitration Rule 41(5) and Article 45(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 2006, a party may, at an early stage of the proceeding, file an objection that a claim is manifestly without merit. If the Tribunal decides that the claims are manifestly without legal merit, it shall render an award to that effect. Award deciding that the claims are manifestly without legal merit 1%* Award declining jurisdiction 25% Award dismissing all claims 28% Award upholding claims in part or in full 46%
  • 15. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 15 Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis: 1 ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. 2 ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2). 3 In accordance with Article 44 of the ICSID Convention. 4 ICSID Administrative & Financial Regulation 14(3)(d). 5 ICSID Arbitration Rule 45. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 51. 6 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1). Proceeding discontinued at the request of both parties6 47% Proceeding discontinued at the request of one party1 27% Settlement agreement embodied in an award at parties' request2 16% Proceeding discontinued at the Initiative of the Tribunal3 1% Proceeding discontinued for lack of payment of the required advances4 8% Proceeding discontinued for failure of parties to act5 1%
  • 16. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 16 Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes: Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports: Conciliation Commission Report issued 71% (see chart 10) Proceeding Discontinued 29% Report recording failure of the Parties to reach agreement 80% Report recording agreement of the Parties 20%
  • 17. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 17 8. Annulment Proceedings under the ICSID Convention – Outcomes Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade: 4 9 18 96 53 0 1 0 13 8 0 3 1 8 1 0 0 1 5 9 0 20 40 60 80 100 120 1971-1980 1981-1990 1991-2000 2001-2010 2011 - Number of Convention awards rendered Number of decisions rejecting the application for annulment Number of decisions annulling the award in part or in full Number of annulment proceedings discontinued
  • 18. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 18 9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*: * The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2013. North America (Canada, Mexico & U.S.) 22% South America 11% Central America & the Caribbean 2% Middle East & North Africa 4% Sub-Saharan Africa 2% South & East Asia & the Pacific 10% Eastern Europe & Central Asia 2% Western Europe 47%
  • 19. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 19 Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*: * The geographical classification is based on the World Bank’s regions as set forth at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2013. 49 47 16 25 17 63 10 201 275 115 17 42 16 94 14 509 0 100 200 300 400 500 600 North America (Canada, Mexico & U.S.) South America Central America & the Caribbean Middle East & North Africa Sub-Saharan Africa South & East Asia & the Pacific Eastern Europe & Central Asia Western Europe Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
  • 20. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 20 Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules: 163 155 133 97 93 74 52 50 45 45 40 36 34 33 32 30 24 22 20 17 12 12 11 11 11 10 10 10 10 9 9 9 8 8 7 7 7 7 7 7 7 6 6 6 6 6 6 5 5 4 4 4 4 4 3 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 20 40 60 80 100 120 140 160 180 United States of America France United Kingdom Canada Switzerland Spain Australia Mexico Chile Germany Italy Belgium Netherlands Argentina New Zealand Egypt, Arab Rep. of Colombia Costa Rica Sweden France/Sweden/Bahrain Brazil United Kingdom/France Austria Bulgaria United States of America/Switzerland Canada/New Zealand Lebanon/France Philippines Singapore Denmark Greece Uruguay Bangladesh Venezuela China Colombia/France Ecuador Morocco Senegal Slovak Republic Thailand Finland India Malaysia Pakistan Peru Switzerland/Brazil Guyana Iran, Islamic Rep. of/France Algeria Cyprus Germany/Austria Iran, Islamic Rep. of Somalia Honduras Israel Jamaica Nigeria Switzerland/Ireland Togo Barbados Benin Czech Republic Gabon Ghana Guatemala Jordan Lebanon Madagascar Malawi Portugal Serbia United States of America/France Cameroon Canada/Switzerland Central African Republic Croatia Dominica France/Mauritius Japan Korea, Rep. of Luxembourg Norway Slovenia South Africa Sri Lanka Sudan United Kingdom/Ghana United States of America/Canada Number of Appointments State of Nationality of Appointee
  • 21. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 21 PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 2013
  • 22. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 22 1. New Cases Registered by ICSID in 2013 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2013: 2. Non-ICSID Cases Administered by the ICSID Secretariat in 2013 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2013: 38 2 0 5 10 15 20 25 30 35 40 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases 7 2 0 1 2 3 4 5 6 7 8 Investor-State UNCITRAL Arbitrations Other Cases
  • 23. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 23 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules: Bilateral Investment Treaty (BIT) 57% Investment Contract between the Investor and the Host-State 14% Investment Law of the Host-State 17% Energy Charter Treaty (ECT) 12%
  • 24. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 24 4. Geographic Distribution of New ICSID Cases Registered in 2013, by State Party Involved Chart 4: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: * The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. South America 5% Central America & the Carribean 7% North America (Canada, Mexico & U.S.) 2% Eastern Europe & Central Asia 33% Western Europe 13% Sub-Saharan Africa 15% Middle East & North Africa 20% South & East Asia & the Pacific 5%
  • 25. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 25 Chart 5: Geographic Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details*: * The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. Bulgaria, 1 Croatia, 2 Cyprus, 1 Hungary, 2 Egypt, 6 Kazakhstan, 1 Kyrgyz Republic, 1 Burundi, 1 Slovenia, 1 Cameroon, 1 France, 1 Uzbekistan, 4 Madagascar, 1 Greece, 1 Mali, 1 Spain, 3 Costa Rica, 1 Jordan, 1 Nigeria, 1 El Salvador, 1 Peru, 1 Pakistan, 1 Tunisia, 1 Uganda, 1 Panama, 1 Venezuela, 1 Papua New Guinea, 1 Mexico, 1 Eastern Europe & Central Asia Middle East & North Africa Sub-Saharan Africa Western Europe Central America & the Caribbean South America South & East Asia & the Pacific North America (Canada, Mexico & U.S.)
  • 26. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 26 5. Distribution of New ICSID Cases Registered in 2013, by Economic Sector Chart 6: Distribution of New Cases Registered in 2013 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: * The sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf. Finance 5% Information & Communication 2% Agriculture, Fishing & Forestry 2% Oil, Gas & Mining 27% Electric Power & Other Energy 20% Water, Sanitation & Flood Protection 2% Construction 8% Tourism 3% Other Industry 20% Transportation 8% Services & Trade 3%
  • 27. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 27 6. ICSID Arbitration Proceedings Concluded in 2013 – Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2013 – Outcomes: Dispute decided by Tribunal 83% (see chart 7a) Dispute settled or proceeding otherwise discontinued 17% (see chart 7b)
  • 28. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 28 Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2013 – Findings: Award declining jurisdiction 40% Award dismissing all claims 30% Award upholding claims in part or in full 30%
  • 29. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 29 Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2013 – Basis: 1 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1). 2 ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2). Proceeding discontinued at the request of both parties1 75% Settlement agreement embodied in an award at parties' request2 25%
  • 30. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 30 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2013 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*: * The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2013. North America (Canada, Mexico & U.S.) 14% South America 10% Central America & the Caribbean 3% Middle East & North Africa 2% Sub-Saharan Africa 1% South & East Asia & the Pacific 13% Eastern Europe & Central Asia 1% Western Europe 56%
  • 31. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 31 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*: * The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2013. 2 4 3 2 1 7 0 18 18 10 1 1 1 11 1 62 0 10 20 30 40 50 60 70 North America (Canada, Mexico & U.S.) South America Central America & the Caribbean Middle East & North Africa Sub-Saharan Africa South & East Asia & the Pacific Eastern Europe & Central Asia Western Europe Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
  • 32. © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement. Page | 32 Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2013 in Cases Registered under the ICSID Convention and Additional Facility Rules: 27 12 10 10 8 5 5 4 4 4 3 3 3 3 3 3 3 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 5 10 15 20 25 30 France United States of America United Kingdom Spain Switzerland Chile Australia Canada Colombia United Kingdom/France Costa Rica Mexico New Zealand Netherlands Austria Sweden Singapore Argentina Belgium Germany Italy China France/Sweden/Bahrain United States of America/Switzerland Morocco Bulgaria Pakistan Philippines Somalia Brazil Finland Germany/Austria Guatemala Japan Korea, Rep.of Malaysia United Kingdom/Ghana Iran, Islamic Rep. of/France Switzerland/Ireland Switzerland/Brazil Uruguay Number of Appointments State of Nationality of Appointee