THE ICSID CASELOAD –
STATISTICS
(ISSUE 2016‐2)
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The ICSID Caseload – Statistics (Issue 2016‐2)
This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically
and for the Centre’s Fiscal Year 2016 (FY2016). It is based on cases registered or administered by
ICSID as of June 30, 2016.
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 [email protected].
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TABLE OF CONTENTS1
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 June 30, 2016 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 and Additional Facility Rules – Outcomes 16
Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – 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 June 30, 2016. 2 The ICSID Fiscal Year covers the period July 1 to June 30.
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PART II ‐ CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 2016
1. New Cases Registered by ICSID in FY2016 22
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2016 22
2. Non‐ICSID Cases Administered by the ICSID Secretariat in FY2016 22
Chart 2: Number of Non‐ICSID Cases Administered by the ICSID Secretariat in FY2016 22
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2016 23
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2016 under the ICSID
Convention and Additional Facility Rules 23
4. Geographic Distribution of New ICSID Cases Registered in FY2016, by State Party Involved 24
Chart 4: Geographic Distribution of New Cases Registered in FY2016 under the ICSID Convention and Additional Facility Rules,
by State Party Involved 24
Chart 5: Geographic Distribution of New Cases Registered in FY2016 under the ICSID Convention and Additional Facility Rules,
by State Party Involved – Further Details 25
5. Distribution of New ICSID Cases Registered in FY2016, by Economic Sector 26
Chart 6: Distribution of New Cases Registered in FY2016 under the ICSID Convention and Additional Facility Rules, by Economic
Sector 26
6. ICSID Arbitration Proceedings Concluded in FY2016 – Outcomes 27
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2016 – Outcomes 27
Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2016 – Findings 28
Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules
in FY2016 – Basis 29
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY2016 30
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2016 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 FY2016 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 FY2016 in Cases
Registered under the ICSID Convention and Additional Facility Rules 32
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PART I
ALL CASES REGISTERED AND ADMINISTERED
BY ICSID
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1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of June 30, 2016
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2. Cases Registered by ICSID
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year:
As of June 30, 2016, ICSID had registered 570 cases under the ICSID Convention and Additional Facility Rules.
14
1 2 1 2 2 3 41
41 2 1
3 3 3
10 11 1012
14
19
31
27 27
23
37
21
25 26
38
50
4038
52
21
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
2014
2015
to June 30, 2016
Cases Registered under the ICSID Convention and Additional Facility Rules
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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:
14
1 2 1 2 1 2 41
41 2 1 2 3 3
8 8 8 914
18
30
2124
21
32
2023 25
33
40 3835
50
18
1 1 1
1
1
1 1
1
2 3 2 3
16
2
2
4
12
1
4
82
3
2
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
2014
2015
to June 30, 2016
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases
ICSID Convention Arbitration Cases
510(89.5%)
ICSID Convention Conciliation Cases
8(1.4%)
ICSID Additional Facility Arbitration Cases
50(8.8%)
ICSID Additional Facility Conciliation Cases
2(0.4%)
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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
76
4
6
3
5
109
7
1
1
3
2
1
2
1
2
0
2
4
6
8
10
12
14
FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016
Investor‐State UNCITRAL Arbitrations Other Cases
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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
Investments0.2%
Bilateral Investment Treaty (BIT)60.0%
Domenican Republic‐United States‐Central America Free Trade Agreement
(DR‐CAFTA)0.8%
Investment Contract between the Investor and
the Host‐State16.9%
Investment Law of the Host‐State
9.7%
North American Free Trade Agreement(NAFTA)2.8%
Energy Charter Treaty (ECT)9.2%
Oman‐U.S. Free Trade Agreement(Oman‐U.S. FTA)
0.2%
Canada‐Peru Free Trade Agreement(Canada‐Peru FTA)
0.2%
Central America‐Panama Free Trade Agreement
0.2%
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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 America24%
Central America &the Caribbean…
North America(Canada, Mexico & U.S.)
4%
Eastern Europe &Central Asia
25%
Western Europe7%
Sub‐Saharan Africa16%
Middle East & North Africa
10%South & East Asia &
the Pacific…
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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.
Finance7%
Information & Communication
6%
Agriculture, Fishing & Forestry
4%Oil, Gas & Mining
26%
Electric Power & Other Energy
17%
Water, Sanitation & Flood Protection
5%
Construction7%
Tourism4%
Other Industry12%
Transportation9%
Services & Trade3%
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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 Tribunal64%
(see chart 8a)
Dispute settled or proceeding otherwise
discontinued36%
(see chart 8b)
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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
26%
Award dismissing all claims27%
Award upholding claims in part or in full
46%
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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) and 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 and 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
48%
Proceeding discontinued at the request of one party1
26%
Settlement agreement embodied in an award at parties' request2
14%
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
3%
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Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:
Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Commission Reports:
Conciliation Commission Report issued
75%(see chart 10)
Proceeding Discontinued
25%
Report recording failure of the Parties to
reach agreement83%
Report recording agreement of the
Parties17%
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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:
49
18
96
103
0 1 0
13
23
03 1
83
0 0 15
15
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
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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 June 30, 2016.
North America (Canada, Mexico & U.S.)
21%
South America10%
Central America & the Caribbean
3%
Middle East & North Africa
4%
Sub‐Saharan Africa2%
South & East Asia & the Pacific
11% Eastern Europe & Central Asia
2%
Western Europe47%
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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 June 30, 2016.
63 56
27 3222
86
14
242
342
138
20
49
18
123
22
666
0
100
200
300
400
500
600
700
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)
Number of Appointments
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:
195
190
169
112
108
90
77
71
53
51
50
47
41
41
32
32
31
28
24
23
20
18
18
17
14
13
12
12
12
12
11
11
11
11
11
10
9
9
9
9
9
9
9
8
8
8
7
7
7
7
7
7
6
6
5
5
4
4
4
4
4
4
3
3
3
3
3
3
3
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
1
1
1
1
1
1
0 50 100 150 200 250
France
United States of America
United Kingdom
Canada
Switzerland
Spain
Australia
Germany
Mexico
Italy
Chile
Belgium
Netherlands
New Zealand
Colombia
Egypt, Arab Rep. of
Argentina
Costa Rica
Sweden
France/Sweden/Bahrain
Bulgaria
United Kingdom/France
United States of America/Switzerland
Austria
Canada/New Zealand
Singapore
Argentina/Spain
Bangladesh
Brazil
Canada/United Kingdom
China
Lebanon/France
Malaysia
Morocco
Philippines
Finland
Denmark
Greece
Guatemala
Pakistan
Slovak Republic
Uruguay
Venezuela
Colombia/France
Iran, Islamic Rep. of/France
Switzerland/Brazil
Ecuador
Germany/Austria
Peru
Senegal
Somalia
Thailand
France/Switzerland
India
Guyana
Korea, Rep.of
Algeria
Cyprus
Iran, Islamic Rep. of
Nigeria
Switzerland/Ireland
United States of America/France
Australia/Ireland
Barbados
Honduras
Israel
Jamaica
Serbia
Togo
Benin
Canada/Lebanon
Czech Republic
France/Mauritius
Gabon
Ghana
Jordan
Lebanon
Madagascar
Malawi
Portugal
Argentina/United States of America
Cabo Verde
Cameroon
Canada/Switzerland
Central African Republic
Chile/United States of America
Croatia
Dominica
Ireland/United States of America
Israel/Switzerland
Japan
Lebanon/Chile
Luxembourg
Norway
Pakistan/United States of America
Paraguay
Slovenia
South Africa
Sri Lanka
Sudan
United Kingdom/Ghana
United Kingdom/Uganda
United States of America/CanadaState of Nationality of Appointee
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tre for Settlemen
t of Investmen
t Disputes.
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PART II
CASES REGISTERED AND ADMINISTERED
BY ICSID IN FISCAL YEAR 2016 (FY2016)
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1. New Cases Registered by ICSID in FY2016
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2016:
2. Non‐ICSID Cases Administered by the ICSID Secretariat in FY2016
Chart 2: Number of Non‐ICSID Cases Administered by the ICSID Secretariat in FY2016:
40
1
4
0
5
10
15
20
25
30
35
40
45
ICSID Convention Arbitration Cases
ICSID Convention Conciliation 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
FY2016
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2016 under the ICSID
Convention and Additional Facility Rules:
Bilateral Investment Treaty (BIT)51%
Investment Contract between the Investor and
the Host‐State6%
Investment Law of the Host‐State10%
North American Free Trade Agreement (NAFTA)
2%
Energy Charter Treaty (ECT)31%
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4. Geographic Distribution of New ICSID Cases Registered in FY2016, by State Party Involved
Chart 4: Geographic Distribution of New Cases Registered in FY2016 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 America11%
Central America &the Caribbean
2%
North America(Canada, Mexico & U.S.)
5%
Eastern Europe &Central Asia
22%Western Europe
34%
Sub‐Saharan Africa11%
Middle East & North Africa13%
South & East Asia &the Pacific
2%
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Chart 5: Geographic Distribution of New Cases Registered in FY2016 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.
Venezuela, 1
Uruguay, 1
Colombia, 1
Argentina, 2
Mexico, 1
Canada, 1
Panama, 1Ukraine, 1
Serbia, 1
Romania, 1
Moldova, 1
Lithuania, 1
Kazakhstan, 1
Hungary, 1
Cyprus, 1
Bulgaria, 1
Albania, 1
Spain, 10
Italy, 4
Austria, 1
Tanzania, 1
Kenya, 1
Guinea, 1
Ghana, 1
Côte d'Ivoire, 1
Oman, 2
Libya, 1
Egypt, 3
Lao PDR, 10
2
4
6
8
10
12
14
16
Western Europe Eastern Europe &Central Asia
Middle East &North Africa
Sub‐Saharan Africa South America North America(Canada, Mexico &
U.S.)
South & East Asia &the Pacific
Central America &the Caribbean
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5. Distribution of New ICSID Cases Registered in FY2016, by Economic Sector
Chart 6: Distribution of New Cases Registered in FY2016 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.
Finance7%
Information & Communication
7% Agriculture, Fishing & Forestry
2%
Oil, Gas & Mining20%
Electric Power & Other Energy
35%
Construction9%
Tourism2%
Other Industry11%
Transportation7%
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6. ICSID Arbitration Proceedings Concluded in FY2016 – Outcomes
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2016 – Outcomes:
Dispute decided by Tribunal66%
(see chart 7a) Dispute settled or proceeding otherwise
discontinued34%
(see chart 7b)
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Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2016 – Findings:
Award declining jurisdiction
20%
Award dismissing all claims24%
Award upholding claims in part or in full
56%
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Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY2016 – 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) and Arbitration (Additional Facility) Rule 49(2).
3 ICSID Administrative and Financial Regulations 14(3)(d).
4 ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51.
5 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).
Proceeding discontinued at the request of both
parties5
54%
Proceeding discontinued at the request of one
party1
15%
Settlement agreement embodied in an award at
parties' request2
15%
Proceeding discontinued for lack of payment of the required advances3
8%
Proceeding discontinued for failure of parties to
act4
8%
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7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in
FY2016
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2016 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 FY2016.
North America (Canada, Mexico & U.S.)
16%
South America8%
Central America & the Caribbean
5%
Middle East & North Africa
4%Sub‐Saharan Africa
1%
South & East Asia & the Pacific
18%
Eastern Europe &Central Asia
3%
Western Europe45%
© 2016 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 FY2016 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 FY2016.
64
64
1
13
0
19
26
11
4 42
22
5
70
0
10
20
30
40
50
60
70
80
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)
© 2016 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 FY2016 in Cases
Registered under the ICSID Convention and Additional Facility Rules:
2118
1514
1312
76
555
444444
33
2222222222222
11111111111111111111
0 5 10 15 20 25
United Kingdom
Australia
France
Germany
Canada
United States of America
Switzerland
Spain
Argentina
Costa Rica
Italy
Belgium
Bulgaria
Colombia
Finland
Guatemala
New Zealand
Malaysia
Morocco
Austria
Australia/Ireland
Bangladesh
Canada/New Zealand
Canada/United Kingdom
Chile
China
France/Switzerland
Korea, Rep.of
Netherlands
Singapore
Sweden
United States of America/France
Argentina/United States of America
Barbados
Cabo Verde
Canada/Lebanon
Colombia/France
Egypt
France/Sweden/Bahrain
Germany/Austria
Iran, Islamic Rep. of/France
Ireland/United States of America
Lebanon/Chile
Paraguay
Peru
Serbia
Somalia
Switzerland/Ireland
Switzerland/Israel
United Kingdom/France
United States of America/Switzerland
United Kingdom/Uganda
Number of Appointments
State of Nationality of Appointee