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THE ICSID CASELOAD –

STATISTICS (ISSUE 2018-1)

© 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 2018-1)

This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2017. It is based on cases registered or administered by ICSID as of December 31, 2017.

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]

© 2018 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Page | 3

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 January 31, 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 andAdditional 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 StateParty 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 15 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 December 31, 2017. 2 The ICSID Fiscal Year covers the period July 1 to June 30.

© 2018 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 2017 1. New Cases Registered by ICSID in 2017 24

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2017 24

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2017 24 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2017 24

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2017 25 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2017 under the ICSIDConvention and Additional Facility Rules 25

4. Geographic Distribution of New ICSID Cases Registered in 2017, by State Party Involved 26 Chart 4: Geographic Distribution of New Cases Registered in 2017 under the ICSID Convention and Additional Facility Rules,by State Party Involved 26 Chart 5: Geographic Distribution of New Cases Registered in 2017 under the ICSID Convention and Additional Facility Rules,by State Party Involved – Further Details 27

5. Distribution of New ICSID Cases Registered in 2017, by Economic Sector 28 Chart 6: Distribution of New Cases Registered in 2017 under the ICSID Convention and Additional Facility Rules, by EconomicSector 28

6. ICSID Arbitration Proceedings Concluded in 2017 – Outcomes 29 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2017 – Outcomes 29 Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2017 – Tribunal Rulings,Settlement & Discontinuances 30 Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2017 – Findings 31 Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rulesin 2017 – Basis 32

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2017 33 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2017 in Cases Registered under theICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 33 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2017 in Cases Registered under theICSID 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 2017 in CasesRegistered 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 January 31, 2018



2. Cases Registered by ICSID

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

As of December 31, 2017, ICSID had registered 650 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

3127 27

23

37

21

25 26

38

50

4038

52

48

53

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

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

21 24 21

32

20 23 2533

40 38 35

5042

49

1 1 1

1

1

1 1

1

2 3 2 3

16

22

4

12

1

4

82

3

2

5

42

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

ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases

ICSID Convention Arbitration Cases

583(89.7%)

ICSID Convention Conciliation Cases

8(1.2%)

ICSID Additional Facility Arbitration Cases

57(8.8%)

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

10 97

9

5

13

2

1

2

1

2

5

4

0

2

4

6

8

10

12

14

16

FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 July 1 - Dec.31, 2017

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; and the Oman-U.S. Free Trade Agreement.

Bilateral Investment Treaty60.6%

Dominican Republic-United States-Central America Free

Trade Agreement0.8%

Investment Contract between the Investor and

the Host-State16%

Investment Law of the Host-State

9.2%

North American Free Trade Agreement

2.8%

Energy Charter Treaty9.3%

Other Treaties*1.3%



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

66%(see charts 8a and 8b)

Dispute settled or proceeding otherwise

discontinued34%

(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

0.7%

Award declining jurisdiction16.6%

Award dismissing all claims17.2%

Award upholding claims in part or in full

31.1%Proceeding discontinued at the request of both parties

16.1%

Proceeding discontinued at the request of one party

9.2%

Settlement agreement embodied in an award at

parties' request4.9%

Proceeding discontinued at the initiative of the

Tribunal0.2%

Proceeding discontinued for lack of payment of the

required advances2.9%

Proceeding discontinued for failure of parties to act

1.1%

Dispute decided by Tribunal (66%)

Dispute settled or proceeding otherwise discontinued (34%)



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 jurisdiction25%

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

27%

Settlement agreement embodied in an award

at parties' request2

14%

Proceeding discontinued at the Initiative of the

Tribunal31%

Proceeding discontinued for lack of payment of

the required advances4

8%

Proceeding discontinued for failure of parties to

act5

3%



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

152

0 1 0

13

27

0 3 18 5

0 0 15

18

0

20

40

60

80

100

120

140

160

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 December 31, 2017.


21%

South America10%


3%

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 December 31, 2017.

7762

31 36 26

98

16

277

385

164

2250

21

146

30

763

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:

655444444433333332222222222222211111111111111111111111111

0 50 100 150 200 250

Ireland/GermanyGuyana

United States of America/FranceAlgeria

Argentina/United States of AmericaAustralia/IrelandCanada/Lebanon

CyprusIran, Islamic Rep. ofSwitzerland/Ireland

BarbadosHonduras

IsraelJamaica

New Zealand/United KingdomSerbia

TogoCzech Republic

BahamasBenin

France/MauritiusGabonGhanaJordan

LebanonLebanon/Chile

MadagascarMalawi

ParaguayPortugal

South AfricaCzechoslovakia

Australia/GermanyCabo Verde

CameroonCanada/Switzerland

Central African RepublicChile/United States of America

CroatiaDominica

Dominican RepublicFrance/Syria

Ireland/United States of AmericaIsrael/Switzerland

JapanLuxembourg

NorwayPakistan/United States of America

SloveniaSri Lanka

SudanUnited Kingdom/Ghana

United Kingdom/NigeriaUnited Kingdom/Uganda

United States of America/United KingdomUnited States of America/Canada

Zambia

Number of Appointments

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0 50 100 150 200 250

FranceUnited States of America

United KingdomCanada

SwitzerlandSpain

AustraliaGermany

MexicoItaly

BelgiumChile

New ZealandArgentina

NetherlandsColombia

Egypt, Arab Rep. ofCosta Rica

BulgariaSweden

France/SwedenAustria

United Kingdom/FranceCanada/New Zealand

United States of America/SwitzerlandSingapore

BrazilArgentina/Spain

ChinaBangladesh

Canada/United KingdomFinland

MalaysiaMorocco

Lebanon/FrancePhilippines

PakistanSlovak Republic

Switzerland/BrazilPeru

DenmarkFrance/Switzerland

GreeceGuatemala

UruguayVenezuela

Colombia/FranceGermany/Austria

Iran, Islamic Rep. of/FranceSomaliaEcuador

Korea, Rep.ofNigeria

SenegalThailand

India


Stat

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Nat

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PART II

CASES REGISTERED AND ADMINISTERED BY ICSID IN 2017



1. New Cases Registered by ICSID in 2017

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2017:

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2017

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2017:

49

4

0

10

20

30

40

50

60

ICSID Convention Arbitration Cases

ICSID Additional Facility Arbitration Cases

8

5

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 2017

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2017 under the ICSID Convention and Additional Facility Rules:

Bilateral Investment Treaty69%

Dominican Republic-United States-Central America Free

Trade Agreement1%

Investment Contract between the Investor and

the Host-State10%

Investment Law of the Host-State

7%

North American Free Trade Agreement

2%

Energy Charter Treaty7%

Agreement on Promotion, Protection and Guarantee

of Investments among Member States of the

Organisation of the Islamic Conference

2%

Chile-Colombia Free Trade Agreement

2%



4. Geographic Distribution of New ICSID Cases Registered in 2017, by State Party Involved

Chart 4: Geographic Distribution of New Cases Registered in 2017 under the ICSID Convention and Additional Facility Rules, by State Party Involved*:


South America13%


4%


4%


36%

Western Europe9%


Middle East & North Africa15%


4%



Chart 5: Geographic Distribution of New Cases Registered in 2017 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details*:


Venezuela, 2

Peru, 2

Chile, 1

Argentina, 1

Mexico, 2Panama, 1

Nicaragua, 1

Grenada, 1

Uzbekistan, 1

Turkmenistan, 1

Serbia, 1

Montenegro, 1

Macedonia,FYR, 1

Latvia , 2

Kosovo, 1

Kazakhstan, 1

Hungary, 2

Georgia, 1

Czech Republic, 1

Croatia, 4

Armenia, 1

Albania, 1

Spain, 2

Italy, 1

Greece, 1

Belgium, 1

Tanzania, 1

Mozambique, 1

Madagascar, 2

Gambia, 3

Côte d'Ivoire, 1

UAE, 1

Saudi Arabia, 2

Kuwait, 1

Iraq, 2

Egypt, 1

Algeria, 1

PapuaNew Guinea, 1

China, 1

0

2

4

6

8

10

12

14

16

18

20

Western Europe Eastern Europe &Central Asia


Sub-SaharanAfrica

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 2017, by Economic Sector

Chart 6: Distribution of New Cases Registered in 2017 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.

Finance15%

Information & Communication

8%

Agriculture, Fishing & Forestry

4%

Oil, Gas & Mining13%

Electric Power & Other Energy

11%

Water, Sanitation & Flood Protection

4%

Construction11%

Tourism6%

Other Industry17%

Transportation9%

Services & Trade2%



6. ICSID Arbitration Proceedings Concluded in 2017 – Outcomes

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2017 – Outcomes:

Dispute decided by Tribunal

78%(see charts 7a and 7b)

Dispute settled or proceeding otherwise

discontinued22%

(see charts 7a and 7c)



Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2017 – Tribunal Rulings, Settlement & Discontinuances:

Award deciding that the claims are manifestly without legal merit

2.8%

Award declining jurisdiction22.2%

Award dismissing all claims

5.6%


47.2%

Proceeding discontinued at the request of both parties

5.6%

Proceeding discontinued at the request of one party

11%


required advances2.8%

Proceeding discontinued for failure of parties to act

2.8%

Dispute decided by Tribunal (78%)

Dispute settled or proceeding otherwise discontinued (22%)



Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2017 – 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

3%*

Award declining jurisdiction29% Award dismissing all claims

7%


61%



Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2017 – Basis:

1 ICSID Arbitration Rule 44. No case concluded on the basis of Arbitration (Additional Facility) Rule 50. 2 ICSID Administrative and Financial Regulations 14(3)(d). 3 ICSID Arbitration Rule 45. No case concluded on the bais of rbitration (Additional Facility) Rule 51. 4 ICSID Arbitration Rule 43(1). No case concluded on the basis of Arbitration (Additional Facility) Rule 49(1).

Proceeding discontinued at the request of both parties4

25%

Proceeding discontinued at the request of one party1

50%


required advances2

12%

Proceeding discontinued for failure of parties to act3

13%



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

in 2017

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2017 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 2017.


14%

South America7%


5%

Middle East & North Africa

5%Sub-Saharan Africa

5%


14%


3%

Western Europe47%



Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2017 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 2017.

8

4 3 3 3

8

2

27

32

13

2 1 1

13

7

68

0

10

20

30

40

50

60

70

80

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 2017 in Cases Registered under the ICSID Convention and Additional Facility Rules:

221818

1311

109

88

766

54

33333

222222

1111111111111111111111

0 5 10 15 20 25

FranceUnited Kingdom

United States of AmericaSwitzerland

CanadaSpain

AustraliaArgentinaGermanyBulgariaBelgiumMexico

ItalyAustria

Canada/New ZealandChina

Ireland/GermanyPeru

SingaporeBahamas

BrazilCosta Rica

New ZealandNew Zealand/United Kingdom

NigeriaArgentina/Spain

Argentina/United States of AmericaCanada/Lebanon

Czech RepublicDominican Republic

France/SwedenFrance/Switzerland

France/SyriaGermany/Austria

Korea, Rep. ofMorocco

NetherlandsPakistan

ParaguaySlovak Republic

SomaliaSweden

Switzerland/BrazilUnited Kingdom/FranceUnited Kingdom/Nigeria

United States of America/FranceUnited States of America/United Kingdom


Stat

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Nat

iona

lity

of A

ppoi

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