the icsid caseload statistics (issue 2018-2) · settlement in state-state or investor-state...

THE ICSID CASELOAD —

STATISTICS

(ISSUE 2018-2)

© 2018 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement. Page | 2

The ICSID Caseload – Statistics (Issue 2018-2)

This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically

and for the Centre’s Fiscal Year 2018 (FY2018). It is based on cases registered or administered by

ICSID as of June 30, 2018.

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].

mailto:[email protected]



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, 2018 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: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Tribunal Rulings, Settlement &

Discontinuances 14

Chart 8b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings 14

Chart 8c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis 16

Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 17

Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Commission Reports 17

8. Annulment Proceedings under the ICSID Convention – Outcomes 18

Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 18

9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 19

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 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 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 21

1 The data is based on ICSID statistics as of June 30, 2018. 2 The ICSID Fiscal Year covers the period July 1 to June 30.



PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 2018 (FY2018)

1. New Cases Registered by ICSID in FY2018 24

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2018 24

2. Non-ICSID Cases Administered by the ICSID Secretariat in FY2018 24

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY2018 24

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2018 25

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2018 under the ICSID

Convention and Additional Facility Rules 25

4. Geographic Distribution of New ICSID Cases Registered in FY2018, by State Party Involved 26

Chart 4: Geographic Distribution of New Cases Registered in FY2018 under the ICSID Convention and Additional Facility Rules,

by State Party Involved 26

Chart 5: Geographic Distribution of New Cases Registered in FY2018 under the ICSID Convention and Additional Facility Rules,

by State Party Involved – Further Details 27

5. Distribution of New ICSID Cases Registered in FY2018, by Economic Sector 28

Chart 6: Distribution of New Cases Registered in FY2018 under the ICSID Convention and Additional Facility Rules, by

Economic Sector 28

6. ICSID Arbitration Proceedings Concluded in FY2018 – Outcomes 29

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2018 – Outcomes 29

Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2018 – Tribunal Rulings,

Settlement & Discontinuances 30

Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2018 – Findings 31

Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules

in FY2018 – Basis 32

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY2018 33

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2018 in Cases Registered under the

ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 33


ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties

(or Party-appointed Arbitrators) by Geographic Region 34

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2018 in Cases

Registered under the ICSID Convention and Additional Facility Rules 35



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, 2018



2. Cases Registered by ICSID

Chart 1: Total Number of ICSID Cases Registered, by Calendar Year:

As of June 30, 2018, ICSID had registered 676 cases under the ICSID Convention and Additional Facility Rules.

1

4

1 2 1 2 2 3 4

1

4

1 2 13 3 3

10 11 1012

14

19

31

27 27

23

37

21

25 26

38

50

4038

52

48

53

26

0

10

20

30

40

50

60

19

72

19

73

19

74

19

75

19

76

19

77

19

78

19

79

19

80

19

81

19

82

19

83

19

84

19

85

19

86

19

87

19

88

19

89

19

90

19

91

19

92

19

93

19

94

19

95

19

96

19

97

19

98

19

99

20

00

20

01

20

02

20

03

20

04

20

05

20

06

20

07

20

08

20

09

20

10

20

11

20

12

20

13

20

14

20

15

20

16

20

17

to J

un

e 3

0, 2

01

8

Cases Registered under the ICSID Convention and Additional Facility Rules



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 21 2

41

41 2 1 2

3 3 8 8 8 914

18

30

2124

21

32

2023 25

3340 38

35

50

4249

22

1 1 1

1

1

1 1

1

1

2 3 2 3

16

2

2

4

12

1

4

82

3

2

5

4

3

2

0

10

20

30

40

50

60

19

72

19

73

19

74

19

75

19

76

19

77

19

78

19

79

19

80

19

81

19

82

19

83

19

84

19

85

19

86

19

87

19

88

19

89

19

90

19

91

19

92

19

93

19

94

19

95

19

96

19

97

19

98

19

99

20

00

20

01

20

02

20

03

20

04

20

05

20

06

20

07

20

08

20

09

20

10

20

11

20

12

20

13

20

14

20

15

20

16

20

17

to J

un

e 3

0, 2

01

8

ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases

ICSID Convention Arbitration Cases

605(89.5%)

ICSID Convention Conciliation Cases

9(1.3%)

ICSID Additional Facility Arbitration Cases

60(8.9%)

ICSID Additional Facility Conciliation Cases

2(0.3%)



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, 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 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.

64

6

35

109

79

8

13

2

1

2

1

2

56

0

2

4

6

8

10

12

14

16

FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018

Investor-State UNCITRAL Arbitrations Other Cases



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:

* “Other Treaties” refers to the 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; U.S.-Panama Trade Promotion Agreement; Oman-U.S. Free Trade Agreement; U.S.-Colombia Trade Promotion Agreement; Treaty on the Eurasian Economic Union; and the Agreement on Promotion and Reciprocal Protection of Investments in the Member States of the Eurasian Economic Community.

Bilateral Investment Treaty60%

Dominican Republic-United States-Central America Free Trade Agreement

1%

Investment Contract between the Investor and

the Host-State16%

Investment Law of the Host-State

9%

North American Free Trade Agreement

3%

Energy Charter Treaty9%

Other Treaties*2%



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 America23%

Central America & the Caribbean

6%

North America (Canada, Mexico & U.S.)

4%

Eastern Europe & Central Asia

26%

Western Europe8%

Sub-Saharan Africa15%

Middle East & North Africa11%

South & East Asia & the Pacific

7%



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 & Mining24%

Electric Power & Other Energy

17%

Water, Sanitation & Flood Protection

5%

Construction8%

Tourism4%

Other Industry13%

Transportation9%

Services & Trade3%



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 charts 8a and 8b)

Dispute settled or proceeding otherwise

discontinued36%

(see charts 8a and 8c)



Chart 8a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Tribunal Rulings, Settlement

& Discontinuances:

Award deciding that the claims are manifestly without legal merit

0.6%

Award declining jurisdiction16.2%

Award dismissing all claims17%

Award upholding claims in part or in full

30.6%

Proceeding discontinued at the request of both parties

16.8%

Proceeding discontinued at the request of one party

9.1%

Settlement agreement embodied in an award at

parties' request5%

Proceeding discontinued at the initiative of the

Tribunal0.2%

Proceeding discontinued for lack of payment of the

required advances3.2%

Proceeding discontinued for failure of parties to act

1.3%

Dispute decided by Tribunal (64%)

Dispute settled or proceeding otherwise discontinued (36%)



Cart 8b: 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

claims26%


48%



Chart 8c: 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

47%

Proceeding discontinued at the request of one

party1

25%


parties' request2

14%

Proceeding discontinued at the Initiative of the

Tribunal3

1%

Proceeding discontinued for lack of payment of the required advances4

9%

Proceeding discontinued for failure of parties to act5

4%



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%



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

158

0 1 0

13

30

0 3 18 5

0 0 15

18

0

20

40

60

80

100

120

140

160

180

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



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, 2018.


21%

South America11%


2%

Middle East & North Africa

4%



11%


2%

Western Europe47%



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, 2018.

8373

34 38 29

108

16

298

398

175

22

56

21

150

42

805

0

100

200

300

400

500

600

700

800

900

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)

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:

65555444333333333333222222222222211111111111111111111111111

0 50 100 150 200 250

Argentina/United States of America

United States of America/France

Switzerland/Ireland

Guyana

Canada/Lebanon

Iran, Islamic Rep. of

Cyprus

Algeria

United Kingdom/Nigeria

Togo

Serbia

Portugal

Paraguay

New Zealand/United Kingdom

Jamaica

Israel

Honduras

Czech Republic

Barbados

Bahamas

United States of America/United Kingdom

South Africa

Malawi

Madagascar

Lebanon/Chile

Lebanon

Jordan

Japan

Ireland/United States of America

Ghana

Gabon

France/Mauritius

Benin

Zambia

United States of America/Canada

United Kingdom/Uganda

United Kingdom/Pakistan

United Kingdom/Italy

United Kingdom/Ghana

Sudan

Sri Lanka

Slovenia

Peru/Switzerland

Pakistan/United States of America

Norway

Luxembourg

Israel/Switzerland

France/Syria

France/Lebanon/Ecuador

Dominican Republic

Dominica

Czechoslovakia

Croatia

Chile/United States of America

Central African Republic

Canada/Switzerland

Cameroon

Cabo Verde

Australia/Germany

Number of Appointments

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6257

4948

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191818

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0 50 100 150 200 250

France

United States of America

United Kingdom

Canada

Switzerland

Spain

Australia

Germany

Italy

Mexico

Belgium

Chile

Argentina

New Zealand

Netherlands

Colombia

Bulgaria

Egypt, Arab Rep. of

Costa Rica

Sweden

France/Sweden

United Kingdom/France

Austria

Canada/New Zealand

United States of America/Switzerland

Singapore

Brazil

Argentina/Spain

China

Slovak Republic

Pakistan

Morocco

Malaysia

Finland

Canada/United Kingdom

Bangladesh

Philippines

Peru

Lebanon/France

Iran, Islamic Rep. of/France

Guatemala

France/Switzerland

Switzerland/Brazil

Venezuela

Uruguay

Korea, Rep.of

Greece

Germany/Austria

Denmark

Somalia

Nigeria

Colombia/France

Thailand

Senegal

Ireland/Germany

Ecuador

India

Australia/Ireland


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PART II

CASES REGISTERED AND ADMINISTERED

BY ICSID IN FISCAL YEAR 2018 (FY2018)



1. New Cases Registered by ICSID in FY2018

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2018:

2. Non-ICSID Cases Administered by the ICSID Secretariat in FY2018

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY2018:

50

16

0

10

20

30

40

50

60

ICSID Convention Arbitration Cases

ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases

8

6

0

1

2

3

4

5

6

7

8

9

Investor-State UNCITRAL Arbitrations Other Cases



3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered

in FY2018

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2018 under the

ICSID Convention and Additional Facility Rules:

Bilateral Investment Treaty60%

Dominican Republic-United States-Central America Free Trade Agreement

2%

Investment Contract between the Investor and

the Host-State14%

Investment Law of the Host-State

5%

North American Free Trade Agreement

2%

Energy Charter Treaty8%

Canada-Colombia Free Trade Agreement

3%

U.S.-Colombia Trade Promotion Agreement

2%

Eurasian Economic Union Treaty

2%

Eurasian Investment Agreement

2%



4. Geographic Distribution of New ICSID Cases Registered in FY2018, by State Party Involved

Chart 4: Geographic Distribution of New Cases Registered in FY2018 under the ICSID Convention and Additional Facility

Rules, by State Party Involved*:


http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

South America12%


2%


4%


40%

Western Europe4%


Middle East & North Africa14%


5%



Chart 5: Geographic Distribution of New Cases Registered in FY2018 under the ICSID Convention and Additional Facility

Rules, by State Party Involved – Further Details*:


http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

Venezuela, 2

Peru, 1

Colombia, 4

Mexico, 2Nicaragua, 1Uzbekistan, 1

Turkmenistan, 1

Turkey, 2

Serbia, 1

Romania, 1

Montenegro, 1

Macedonia, FYR, 1

Latvia , 1

Kosovo, 1

Kazakhstan, 1

Hungary, 2

Georgia, 1

Croatia, 4

Bulgaria, 1

Belarus, 2

Azerbaijan, 1

Armenia, 1

Spain, 1

Italy, 1

Togo, 1

Tanzania, 1

Rwanda, 1

Mozambique, 1

Madagascar, 1

Gambia, 4

Gabon, 1

Côte d'Ivoire, 1

Saudi Arabia, 3

Morocco, 1

Kuwait, 1

Egypt, 2

Algeria, 1

Vietnam, 1

PapuaNew Guinea, 1

Bangladesh Power Development Board, 1

0

5

10

15

20

25

Western Europe Eastern Europe &Central Asia


Sub-Saharan Africa South America North America(Canada, Mexico &

U.S.)

South & East Asia &the Pacific

Central America &the Caribbean



5. Distribution of New ICSID Cases Registered in FY2018, by Economic Sector

Chart 6: Distribution of New Cases Registered in FY2018 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.

Finance12%

Information & Communication

5%Agriculture, Fishing &

Forestry6%

Oil, Gas & Mining21%

Electric Power & Other Energy

16%

Water, Sanitation & Flood Protection

4%

Construction11%

Tourism7%

Other Industry11%

Transportation2%

Services & Trade5%



6. ICSID Arbitration Proceedings Concluded in FY2018 – Outcomes

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2018 – Outcomes:

Dispute decided by Tribunal

65%(see charts 7a and 7b)

Dispute settled or proceeding otherwise

discontinued35%

(see charts 7a and 7c)



Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2018 –

Tribunal Rulings, Settlement & Discontinuances:

Award declining jurisdiction16.2%

Award dismissing all claims8.1%


40.5%

Proceeding discontinued at the request of both parties

19%

Proceeding discontinued at the request of one party

2.7%


parties' request2.7%

Proceeding discontinued for lack of payment of the

required advances8.1%

Proceeding discontinued for failure of parties to act

2.7%

Dispute decided by Tribunal (65%)

Dispute settled or proceeding otherwise discontinued (35%)



Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2018 – 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 declining jurisdiction

25%

Award dismissing all claims12%


63%



Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY2018 – Basis:

1 ICSID Arbitration Rule 44. No case concluded 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 ICSID Administrative & Financial Regulation 14(3)(d).

4 ICSID Arbitration Rule 45. No case concluded to date on the basis of 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

7%


parties' request2

8%Proceeding discontinued for

lack of payment of the required advances3

23%

Proceeding discontinued for failure of parties to act4

8%



7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases

in FY2018


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 FY2018.


15%

South America13%


3%

Middle East & North Africa

3%Sub-Saharan Africa

3%


11%


6%

Western Europe46%




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 FY2018.

9

15

53

6

16

2

3532

19

26

1

13 14

85

0

10

20

30

40

50

60

70

80

90

North America(Canada, Mexico &

U.S.)

South America Central America &the Caribbean


Sub-Saharan Africa South & East Asia &the Pacific


Western Europe

Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)



Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2018 in Cases

Registered under the ICSID Convention and Additional Facility Rules:

272020

1413

1010

99999

7555

44

3333333333333

222222222

11111111111111111

0 5 10 15 20 25 30

France

United States of America

United Kingdom

Switzerland

Bulgaria

Belgium

Argentina

Spain

Mexico

Italy

Germany

Canada

Australia

Singapore

New Zealand

Chile

Peru

Colombia

United Kingdom/Nigeria

United Kingdom/France

Slovak Republic

Nigeria

Ireland/Germany

Iran, Islamic Rep. of/France

France/Switzerland

Egypt

Costa Rica

China

Brazil

Austria

Argentina/United States of America

Paraguay

New Zealand/United Kingdom

Netherlands

Korea, Rep. of

Guatemala

France/Sweden

Canada/New Zealand

Bahamas

Australia/Ireland

United States of America/United Kingdom

United Kingdom/Pakistan

United Kingdom/Italy

Switzerland/Ireland

Somalia

Portugal

Peru/Switzerland

Pakistan

Morocco

Japan

Ireland/United States of America

Germany/Austria

France/Lebanon/Ecuador

Dominican Republic

Czech Republic

Canada/Lebanon

Argentina/Spain


Stat

e o

f N

atio

nal

ity

of

Ap

po

inte

e

the icsid caseload statistics (issue 2018-2) · settlement in state-state or investor-state...

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