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INVESTMENT PROTECTION & ISDS

Meg Kinnear

ICSID Secretary-General

Stockholm

May 12, 2014

PROFILE OF ICSID CASELOAD

© 2014 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement.

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1 4

1 2 1 2 1 2 4 1

4 1 2 1 2 3 3

8 8 8 9 14

18

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21 24

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20 23 25

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2 3 2 3

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20

30

40

50

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197

2

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0

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1987

1988

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9

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ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases

INCREASE IN BITs

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Source: UNCTAD, World Investment Report 2013

INCREASE IN FOREIGN INVESTMENT FDI inflows, global and by group economies (Billions USD)

4 Source: UNCTAD, World Investment Report 2013

RESPONDENTS - GENERAL

5 © 2014 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement.

South America 27%

European Union 12%

Central America & the Carribean

6% North America (Canada,

Mexico & U.S.) 5%

Eastern Europe (non-EU) & Central Asia

(non-EU) 14%

Western Europe (non-EU)

1%

Sub-Saharan Africa 16%

Middle East & North Africa 11%

South & East Asia & the Pacific

8%

INVESTORS – EU CASES

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Juridical person 73%

Natural and juridical person

11%

Natural person 16%

Disputes Decided by Arbitral Tribunals under the ICSID

Convention and Additional Facility Rules - Overall

© 2014 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement.

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Award deciding that the claims are manifestly without legal merit

1%*

Award declining jurisdiction

25%

Award dismissing all claims 28%

Award upholding claims in part or in full

46%

OUTCOMES – EU RESPONDENTS (as of March 1, 2014)

8 © 2014 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement.

Award declining jurisdiction

19%

Award dismissing all claims 50%

Award upholding claims in part or in full

31%

CONDUCT OF AN ICSID CONVENTION

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FEATURES OF ICSID

• Delocalized facility

• Dedicated to ISDS – expertise of Secretariat

• Low cost – non-profit; use of WBG facilities internationally

• Transparency

• Awards recognized by all 150 members

• Awards enforceable as final judgment in every Member State

10 © 2014 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement.

COST

• $25,000 registration fee (paid by Claimant)

• $32,000/year for Secretariat (divided between parties

• Tribunal remuneration of $3,000/day, billed hourly

• Advances held in interest-bearing WB trust fund

• Tribunal discretion regarding costs

11 © 2014 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement.

ICSID

1818 H Street NW

Washington, DC 20433

Tel: (202) 458-1534

Fax: (202) 522-2615

www.worldbank.org/icsid

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