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THE ICSID CASELOAD — STATISTICSISSUE 2020-1
Page | 1
The ICSID Caseload – Statistics
(Issue 2020-1)
This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2019. It is based on cases registered or administered by ICSID as of December 31, 2019.
This report illustrates: the number of cases registered under the ICSID Convention and Additional Facility Rules; the number of cases administered by ICSID; the basis of consent invoked for ICSID jurisdiction; the geographic distribution of ICSID cases by the State party to the dispute;1 and the economic sectors involved in ICSID disputes.2 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, geographic origins and gender 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].
The content of this publication may be reproduced for educational use only with copyright acknowledgement to the International Centre for Settlement of Investment Disputes.
1 The classification of the geographic regions is based on the World Bank’s regional system, available at https://www.worldbank.org/en/where-we-workhttp://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.
2 The economic sector classification is based on the World Bank’s sector codes, available at https://projects.worldbank.org/en/projects-operations/project-sector.
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Table of Contents
PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID
1. Map of the Contracting States and Other Signatories of the ICSID Convention as of December 31, 2019 6
2. Cases Registered by ICSID under the ICSID Convention and Additional Facility Rules 7
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year 7 Chart 2: Number of ICSID Cases Registered, by Calendar Year 8 Chart 3: Type of ICSID Cases Registered 9
3. Cases Administered by the ICSID Secretariat under the ICSID Convention, the Additional Facility Rules and Other Rules 9
Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years 10 Chart 5: Total Cases Administered by the ICSID Secretariat, under ICSID and Non-ICSID Rules 10
4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 11
Chart 6: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules 11
5. Geographic Distribution of All ICSID Cases, by State Party Involved 12
Chart 7: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved 12
6. Distribution of All ICSID Cases by Economic Sector 12
Chart 8: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector 12
7. ICSID Arbitration Proceedings – Outcomes 13
Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13 Chart 9a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Tribunal
Rulings, Settlement & Discontinuances 13 Chart 9b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules –
Findings 14 Chart 9c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and
Additional Facility Rules – Basis 14 8. ICSID Conciliation Proceedings – Outcomes 15
Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 15 Chart 11: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Commission
Reports 15
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9. Annulment Proceedings under the ICSID Convention – Outcomes 16
Chart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 16
10. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 17
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 Geographic Region 17
Chart 14: 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 or Conciliators) by Geographic Region 17
Chart 15: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules 18
Chart 16: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Gender 20
Chart 17: 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 or Conciliators), by Gender 20
PART II CASES REGISTERED AND ADMNISTERED BY ICSID IN 2019
1. New Cases Registered by ICSID in 2019 22
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2019 22
2. Non-ICSID Cases Administered by the ICSID Secretariat in 2019 22
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2019 22 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2019 23
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules 23
4. Geographic Distribution of New ICSID Cases Registered in 2019, by State Party Involved 24
Chart 4: Geographic Distribution of New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved 24
Chart 5: Geographic Distribution of New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details 24
5. Distribution of New ICSID Cases Registered in 2019, by Economic Sector 25
Chart 6: Distribution of New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules, by Economic Sector 25
6. ICSID Arbitration Proceedings Concluded in 2019 – Outcomes 26
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2019 – Outcomes 26
Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2019 – Tribunal Rulings, Settlement & Discontinuances 26
Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2019 – Findings 27
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Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2019 – Basis 27
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2019 28
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2019 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 28
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2019 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators or Conciliators) by Geographic Region 28
Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2019 in Cases Registered under the ICSID Convention and Additional Facility Rules 29
Chart 11: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules in 2019 – Distribution of Appointments by Gender 30
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules in 2019 – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators or Conciliators), by Gender 30
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PART I ALL CASES REGISTERED AND ADMINISTERED
BY ICSID
Page | 6
1. Map of the Contracting States and Other Signatories of the ICSID Convention as of December 31, 2019
Page | 7
2. Cases Registered by ICSID under the ICSID Convention and Additional Facility Rules
Chart 1: Total Number of ICSID Cases Registered, by Calendar Year
As of December 31, 2019, ICSID had registered 745 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 10 12 1419
3127 27
23
37
2125 26
38
50
40 38
5248
53 56
39
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
2016
2017
2018
2019
Cases Registered under the ICSID Convention and Additional Facility Rules
Page | 8
Chart 2: Number of ICSID Cases Registered, by Calendar Year
14
1 2 1 21 2
41
41 2 1
2
3 38 8 8 9 14 18 30 21 24 21 32 20 23 25 33 40 38 35 50 42 49 49 351 1 1
1
1
1 1
1
1
1
2 3 2 3
16
22
4
12 1
48 2
3
25
46
3
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
2016
2017
2018
2019
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases
Page | 9
Chart 3: Type of ICSID Cases Registered
3. Cases Administered by the ICSID Secretariat under the ICSID Convention, the Additional Facility Rules and Other Rules
The ICSID Secretariat offers administrative support and facilities in State-State and investor-State proceedings conducted under non-ICSID rules. Among the State-State cases administered by ICSID 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 Arbitration Rules, free trade agreements and other ad hoc dispute settlement provisions. The Centre’s services in these proceedings range from support with the organization of hearings to comprehensive 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, SCC, and other institutions.
For further information, please visit the Centre’s website or contact the Secretariat.
667(89.5%)
10(1.3%)
66(8.9%)
2(0.3%)
ICSID Convention Arbitration Cases
ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases
ICSID Additional Facility Conciliation Cases
Page | 10
Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years
Chart 5: Total Cases Administered by the ICSID Secretariat, under ICSID and Non-ICSID Rules
63
5
10 97
9 8
12 123
21
21
2
5 6
5 4
0
2
4
6
8
10
12
14
16
18
FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 July 1 -Dec. 31,
2019Investor-State UNCITRAL Arbitrations Other Cases
159 172 195 209 243 247 258 279 306 279
9 56
1210 9
1414
1716
0
50
100
150
200
250
300
350
FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 July 1 -Dec. 31,
2019
Non-ICSID Cases Administered by the Secretariat (Investor-State UNCITRAL arbitrations and other cases)
ICSID Cases Administered by the Secretariat
Page | 11
4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases
Chart 6: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules
* This category includes the Agreement on Promotion and Reciprocal Protection of Investments in the Member States of the Eurasian Economic Community; Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference; ASEAN Agreement for the Promotion and Protection of Investments; Canada-Colombia Free Trade Agreement; Canada-Peru Free Trade Agreement; Central America-Panama Free Trade Agreement; Chile-Colombia Free Trade Agreement; Colombia-Mexico Free Trade Agreement; Oman-U.S. Free Trade Agreement; Peru-Singapore Free Trade Agreement; Treaty on the Eurasian Economic Union; U.S.-Colombia Trade Promotion Agreement; U.S.-Morocco Free Trade Agreement; U.S.-Panama Trade Promotion Agreement; and the U.S.-Peru Trade Promotion Agreement.
60%16%
9%
8%
3% 3%1%
Bilateral Investment Treaty
Investment Contract between the Investor and the Host-State
Energy Charter Treaty
Investment Law of the Host-State
North American Free Trade Agreement
Other Treaties*
Dominican Republic-United States-Central America FreeTrade Agreement
Page | 12
5. Geographic Distribution of All ICSID Cases, by State Party Involved
Chart 7: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved
6. Distribution of All ICSID Cases by Economic Sector
Chart 8: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector
26%
23%
15%
11%
8%
7%6%4%
Eastern Europe & Central Asia
South America
Sub-Saharan Africa
Middle East & North Africa
Western Europe
South & East Asia & the Pacific
Central America & the Caribbean
North America (Canada, Mexico & U.S.)
24% 17%
12%
9%
9%8%6%
4%
4%
4%3%
Oil, Gas & MiningElectric Power & Other EnergyOther IndustryTransportationConstructionFinanceInformation & CommunicationWater, Sanitation & Flood ProtectionAgriculture, Fishing & ForestryTourismServices & Trade
Page | 13
7. ICSID Arbitration Proceedings – Outcomes
Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes
Chart 9a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Tribunal Rulings, Settlement & Discontinuances
65% 35%
Dispute decided by Tribunal(see charts 9a and 9b)
Dispute settled or proceeding otherwise discontinued(see charts 9a and 9c)
31%
18%
15%
1%
17%
9%
5%
2.5%1%
0.5%
Award upholding claims in part or in full
Award dismissing all claims
Award declining jurisdiction
Award deciding that the claims are manifestly without legal merit
Proceeding discontinued at the request of both parties [1]
Proceeding discontinued at the request of one party [2]
Settlement agreement embodied in an award at parties' request [3]
Proceeding discontinued for lack of payment of the required advances[4]Proceeding discontinued for failure of parties to act [5]
Proceeding discontinued at the Initiative of the Tribunal [6]
Page | 14
Chart 9b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings
Chart 9c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis
____________________________________________________________________________
[1] ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1). [2] ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. [3] ICSID Arbitration Rule 43(2) and Arbitration (Additional Facility) Rule 49(2). [4] ICSID Administrative & Financial Regulation 14(3)(d). [5] ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51. [6] In accordance with Article 44 of the ICSID Convention.
48%
26%
13%
9%
3%1%
Proceeding discontinued at the request of bothparties [1]Proceeding discontinued at the request of oneparty [2]Settlement agreement embodied in an award atparties' request [3]Proceeding discontinued for lack of payment ofthe required advances [4]Proceeding discontinued for failure of parties toact [5]Proceeding discontinued at the Initiative of theTribunal [6]
48%
27%
24%
1%
Award upholding claims in part or in full
Award dismissing all claims
Award declining jurisdiction
Award deciding that the claims are manifestlywithout legal merit
Page | 15
8. ICSID Conciliation Proceedings – Outcomes
Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes
Chart 11: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Commission Reports
78%
22%
Conciliation Commission Report issued (see chart 11)
Proceeding Discontinued
86%
14%
Report recording failure of the Parties to reach agreement
Report recording agreement of the Parties
Page | 16
9. Annulment Proceedings under the ICSID Convention – Outcomes
Chart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade
4 918
96
197
113
47
3 18 61 5
21
0
50
100
150
200
250
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
Page | 17
10. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases
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 Geographic Region
Chart 14: 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 or Conciliators) by Geographic Region
47%
21%
11%
11%
4%
2%2%2%
Western Europe
North America (Canada, Mexico & U.S.)
South America
South & East Asia & the Pacific
Middle East & North Africa
Eastern Europe & Central Asia
Central America & the Caribbean
Sub-Saharan Africa
329
96 81 12141 17 40 32
905
444
204161
6249 22 24
0
100
200
300
400
500
600
700
800
900
1000
Western Europe North America(Canada, Mexico
& U.S.)
South America South & EastAsia & the
Pacific
Middle East &North Africa
Eastern Europe& Central Asia
Central America& the Caribbean
Sub-SaharanAfrica
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators or Conciliators)
Page | 18
Chart 15: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules
Nationality/ Nationalities
As of Dec 31, 2019
France 261
United States of America 253
United Kingdom 222
Canada 145
Switzerland 137
Spain 122
Australia 101
Germany 99
Mexico 74
Italy 72
Belgium 68
Argentina 64
Chile 62
Netherlands 52
New Zealand 49
Bulgaria 44
Colombia 44
Egypt, Arab Rep. of 37
Costa Rica 32
Sweden 30
France/Sweden 28
Singapore 25
United Kingdom/France 25
Austria 22
Canada/New Zealand 20
United States of America/Switzerland 19
Brazil 18
Argentina/Spain 18
Finland 15
China 14
Lebanon/France 14
Pakistan 14
Canada/United Kingdom 13
Guatemala 13
Nationality/ Nationalities
As of Dec 31, 2019
Korea, Rep.of 13
Morocco 13
Slovak Republic 13
Switzerland/Brazil 13
Bangladesh 12
France/Switzerland 12
Iran, Islamic Rep. of/France 12
Malaysia 12
Peru 12
Greece 11
Philippines 11
Germany/Austria 10
Ireland/Germany 10
Nigeria 10
Denmark 9
Uruguay 9
Venezuela 9
Australia/Ireland 8
Colombia/France 8
Somalia 8
Ecuador 7
Senegal 7
Thailand 7
Argentina/United States of America 6
India 6
Switzerland/Ireland 6
Canada/Lebanon 5
Guyana 5
United States of America/France 5
United States of America/United Kingdom 5
Algeria 4
Bahamas 4
Barbados 4
Cyprus 4
Page | 19
Nationality/ Nationalities
As of Dec 31, 2019
Iran, Islamic Rep. of 4
New Zealand/United Kingdom 4
Paraguay 4
United Kingdom/Italy 5
United Kingdom/Nigeria 4
Czech Republic 3
Honduras 3
Ireland/United States of America 4
Israel 3
Jamaica 3
Lebanon/Chile 3
Peru/Switzerland 3
Portugal 3
Serbia 3
South Africa 3
Togo 3
Benin 2
Cameroon 2
Chile/United States of America 2
France/Mauritius 2
Gabon 2
Ghana 2
Japan 2
Jordan 2
Lebanon 2
Madagascar 2
United Kingdom/Germany 2
Malawi 2
Mexico/Germany 2
Argentina/Brazil 1
Nationality/ Nationalities
As of Dec 31, 2019
Australia/Germany 1
Belgium/ United Kingdom 1
Burundi 1
Cabo Verde 1
Canada/Switzerland 1
Central African Republic 1
Croatia 1
Czechoslovakia 1
Dominica 1
Dominican Republic 1
El Salvador 1
France/Lebanon/Ecuador 1
France/Syria 1
Ireland 1
Israel/Switzerland 1
Luxembourg 1
Mexico/United States of America 1
Norway 1
Pakistan/United States of America 1
Slovenia 1
Sri Lanka 1
Sudan 1
Turkey 1
United Kingdom/Ghana 1
United Kingdom/Pakistan 1
United Kingdom/Uganda 1
United States of America/Canada 1
Zambia 1
France/New Zealand 1
United Kingdom/Iran, Islamic Rep. Of 1
Page | 20
Chart 16: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Gender
Chart 17: 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 or Conciliators), by Gender
89% 11% Men Women
692
557
287
120
671
28
136
38 1386
0
100
200
300
400
500
600
700
800
Claimant Respondent Parties jointly Co-arbitrators orconciliators
ICSID (Chairman /Secretary-General)
Men Women
Page | 21
PART II CASES REGISTERED AND ADMNISTERED
BY ICSID IN 2019
Page | 22
1. New Cases Registered by ICSID in 2019
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2019
2. Non-ICSID Cases Administered by the ICSID Secretariat in 2019
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2019
13
5
0123456789
1011121314
Investor-State UNCITRAL Arbitrations Other Cases
35
13
0
5
10
15
20
25
30
35
40
ICSID Convention Arbitration CasesICSID Convention Conciliation CasesICSID Additional Facility Arbitration Cases
Page | 23
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2019
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules
62%
12%
10%
5%
2%3%
3%3%
Bilateral Investment Treaty
Energy Charter Treaty
Investment Contract between the Investor and the Host-State
U.S.-Colombia Trade Promotion Agreement
North American Free Trade Agreement
Peru-Singapore Free Trade Agreement
Investment Law of the Host-State
U.S.-Peru Trade Promotion Agreement
Page | 24
4. Geographic Distribution of New ICSID Cases Registered in 2019, by State Party Involved
Chart 4: Geographic Distribution of New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved
Chart 5: Geographic Distribution of New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details
26%
18%16%
15%
10%5%5%5%
South AmericaMiddle East & North AfricaEastern Europe & Central AsiaSub-Saharan AfricaWestern EuropeCentral America & the CaribbeanSouth & East Asia & the PacificNorth America (Canada, Mexico & U.S.)
Venezuela, 2
Uruguay, 1
Peru, 2
Colombia, 3
Argentina, 2
Mexico, 2Panama, 1
Costa Rica, 1
Tajikistan, 1
Serbia, 1
Romania, 1
North Macedonia, 1
Croatia, 2
Spain, 3
Germany, 1
Tanzania, 2
Sierra Leone, 1
Rwanda (Energy Utility Corp.), 1
DR Congo, 1
Cameroon, 1
UAE, 1
Saudi Arabia, 1
Morocco, 2
Kuwait, 1
Egypt, 2
Nepal, 1
Bangladesh, 1
0
2
4
6
8
10
12
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
Page | 25
5. Distribution of New ICSID Cases Registered in 2019, by Economic Sector
Chart 6: Distribution of New Cases Registered in 2019 under the ICSID Convention and Additional Facility Rules, by Economic Sector
26%
26%
15%
10%8%
5%
5%
2.5%2.5%
Oil, Gas & Mining
Electric Power & Other Energy
Construction
Other Industry
Transportation
Finance
Information & Communication
Agriculture, Fishing & Forestry
Water, Sanitation & Flood Protection
Page | 26
6. ICSID Arbitration Proceedings Concluded in 2019 – Outcomes
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2019 – Outcomes
Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2019 – Tribunal Rulings, Settlement & Discontinuances
78%
22%
Dispute decided by Tribunal(see charts 7a and 7b)
Dispute settled or proceeding otherwise discontinued(see charts 7a and 7c)
43%
24%
8%
3%
13%
3%3%
3%
Award upholding claims in part or in full
Award dismissing all claims
Award declining jurisdiction
Award deciding that the claims are manifestly without legal merit
Proceeding discontinued at the request of both parties [1]
Proceeding discontinued at the request of one party [2]
Settlement agreement embodied in an award at parties' request [3]
Proceeding discontinued for lack of payment of the requiredadvances [4]
Page | 27
Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2019 – Findings
Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2019 – Basis
_________________________________________________________________________________________________________ [1] ICSID Arbitration Rule 43(1). No case concluded on the basis of Arbitration (Additional Facility) Rule 49(1). [2] ICSID Arbitration Rule 44. No case concluded on the basis of Arbitration (Additional Facility) Rule 50. [3] ICSID Arbitration Rule 43(2). No case concluded on the basis of Arbitration (Additional Facility) Rule 49(2). [4] ICSID Administrative & Financial Regulation 14(3)(d).
55%
31%
10%
4%
Award upholding claims in part or in full
Award dismissing all claims
Award declining jurisdiction
Award deciding that the claims are manifestlywithout legal merit
62.5%
12.5%
12.5%
12.5%
Proceeding discontinued at the request of both parties [1]
Proceeding discontinued at the request of one party [2]
Settlement agreement embodied in an award at parties' request [3]
Proceeding discontinued for lack of payment of the requiredadvances [4]
Page | 28
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2019
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2019 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2019 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators or Conciliators) by Geographic Region
11 93 2 3
10
1
23
31
18
15 3
74
61
0
10
20
30
40
50
60
70
North America(Canada,
Mexico & U.S.)
South America CentralAmerica &
the Caribbean
Middle East &North Africa
Sub-SaharanAfrica
South & EastAsia & the
Pacific
EasternEurope &
Central Asia
WesternEurope
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators or Conciliators)
44%
22%
14%9%
4%3%2%2%
Western Europe
North America (Canada, Mexico & U.S.)
South America
South & East Asia & the Pacific
Middle East & North Africa
Sub-Saharan Africa
Eastern Europe & Central Asia
Central America & the Caribbean
Page | 29
Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2019 in Cases Registered under the ICSID Convention and Additional Facility Rules
Nationality/ Nationalities
As of Dec. 31,
2019 France 19 United States of America 17 United Kingdom 13 Argentina 12 Spain 10 Canada 9 Mexico 9 Germany 8 Singapore 7 Switzerland 6 Australia 5 Netherlands 5 Belgium 4 Bulgaria 4 Chile 4 Colombia 3 Finland 3 Italy 3 Korea, Rep. of 3 France/Lebanon 2 France/Sweden 2 Ireland/United States of America 2 Mexico/Germany 2 Nigeria 2 Peru/Switzerland 2 United Kingdom/France 2 United Kingdom/Italy 2 Argentina/Brazil 1 Argentina/Spain 1 Australia/Ireland 1
Nationality/ Nationalities
As of Dec. 31,
2019 Bahamas 1 Brazil 1 Burundi 1 Cameroon 1 Canada/New Zealand 1 Canada/United Kingdom 1 Costa Rica 1 Egypt 1 El Salvador 1 France/New Zealand 1 France/Switzerland 1 Germany/Austria 1 Greece 1 Guatemala 1 Iran, Islamic Rep. of/France 1 Ireland 1 Lebanese/Chilean 1 Mexico/United States of America 1 Morocco 1 Pakistan 1 Paraguay 1 Peru 1 South Africa 1 Sweden 1 Switzerland/Brazil 1 Turkey 1 United Kingdom/Iran 1 United Kingdom/Nigeria 1 United States of America/United Kingdom 1
Page | 30
Chart 11: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules in 2019 – Distribution of Appointments by Gender
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules in 2019 – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators or Conciliators), by Gender
81%
19%
Men Women
46
34
24
5
46
4
11
42
16
0
5
10
15
20
25
30
35
40
45
50
Claimant Respondent Parties jointly Co-arbitrators orconciliators
ICSID (Chairman /Secretary-General)
Men Women
SPECIAL FEATURES AND SERVICES OF ICSID WWW.ICSID.WORLDBANK.ORG
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ICSID is the world’s leading institution devoted to international investment dispute settlement. It has extensive experience in this field, having administered the majority of all international investment cases. States have agreed on ICSID as a forum for investor-State dispute settlement in most international investment treaties and in numerous investment laws and contracts.
ICSID was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention). The ICSID Convention is a multilateral treaty formulated by the Executive Directors of the World Bank to further the Bank’s objective of promoting international investment. ICSID is an independent, depoliticized and effective dispute-settlement institution. Its availability to investors and States helps to promote international investment by providing confidence in the dispute resolution process. It is also available for State-State disputes under investment treaties and free trade agreements, and as an administrative registry.