the icsid caseload — statistics...the icsid secretariat offers administrative support and...

32
WWW.ICSID.WORLDBANK.ORG THE ICSID CASELOAD — STATISTICS ISSUE 2019-2

Upload: others

Post on 11-Mar-2020

5 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

WWW.ICSID.WORLDBANK.ORG

THE ICSID CASELOAD — STATISTICSISSUE 2019-2

Page 2: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 1

The ICSID Caseload – Statistics

(Issue 2019-2)

This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the Centre’s Fiscal Year 2019 (FY2019).1 It is based on cases registered or administered by ICSID as of June 30, 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;2 and the economic sectors involved in ICSID disputes.3 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 ICSID Fiscal Year covers the period July 1 to June 30.

2 The classification of the geographic regions 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.

3 The economic sector classification is based on the World Bank’s sector codes, available at http://projects.worldbank.org/ sector?lang=.

Page 3: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 2

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 June 30, 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

Page 4: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 3

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 FISCAL YEAR 2019 (FY2019)

1. New Cases Registered by ICSID in FY2019 22

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2019 22

2. Non-ICSID Cases Administered by the ICSID Secretariat in FY2019 22

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY2019 22

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2019 23

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules 23

4. Geographic Distribution of New ICSID Cases Registered in FY2019, by State Party Involved 24

Chart 4: Geographic Distribution of New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved 24

Chart 5: Geographic Distribution of New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details 24

5. Distribution of New ICSID Cases Registered in FY2019, by Economic Sector 25

Chart 6: Distribution of New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules, by Economic Sector 25

Page 5: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 4

6. ICSID Arbitration Proceedings Concluded in FY19 – Outcomes 26

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY19 – Outcomes 26

Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY19 – Tribunal Rulings, Settlement & Discontinuances 26

Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY19 – Findings 27

Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY19 – Basis 27

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY19 28

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY19 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 FY19 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 FY19 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 FY19 – 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 FY19 – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators or Conciliators), by Gender 30

Page 6: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 5

PART I ALL CASES REGISTERED AND ADMINISTERED

BY ICSID

Page 7: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 6

1. Map of the Contracting States and Other Signatories of the ICSID Convention as of June 30, 2019

Page 8: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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 June 30, 2019, ICSID had registered 728 cases under the ICSID Convention and Additional Facility Rules.

14

1 2 1 2 2 3 41

41 2 1

3 3 3

10 11 1012

14

19

31

27 2723

37

2125 26

38

50

4038

5248

53 56

22

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

to J

une

30, 2

019

Cases Registered under the ICSID Convention and Additional Facility Rules

Page 9: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 8

Chart 2: Number of ICSID Cases Registered, by Calendar Year

14

1 2 1 21 2

4 1 4 1 2 12

3 3 8 8 8 9 14 18 30 21 24 21 32 20 23 25 33 40 38 35 50 42 49 49 201 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

6

1

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

to J

une

30, 2

019

ICSID Convention Arbitration Cases ICSID Convention Conciliation CasesICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases

Page 10: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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.

652(89.5%)

10(1.4%)

64(8.8%)

2(0.3%)

ICSID Convention Arbitration CasesICSID Convention Conciliation CasesICSID Additional Facility Arbitration CasesICSID Additional Facility Conciliation Cases

Page 11: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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

46

35

10 97

9 812

3

21

21

2

5 6

5

0

2

4

6

8

10

12

14

16

18

FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019

Investor-State UNCITRAL Arbitrations Other Cases

154 159 172 195 209 243 247 258 279 306

4 9 56

1210 9 14

1417

0

50

100

150

200

250

300

350

FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 FY2019

Non-ICSID Cases Administered by the Secretariat (Investor-State UNCITRAL arbitrations and other cases)ICSID Cases Administered by the Secretariat

Page 12: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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; and the U.S.-Panama 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 13: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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%

22%

15%

12%

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%

8%8%6%

5%4%

4%3%

Oil, Gas & MiningElectric Power & Other EnergyOther IndustryTransportationConstructionFinanceInformation & CommunicationWater, Sanitation & Flood ProtectionAgriculture, Fishing & ForestryTourismServices & Trade

Page 14: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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

31%

17%

16%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]

65% 35%

Dispute decided by Tribunal(see charts 9a and 9b)

Dispute settled or proceeding otherwise discontinued(see charts 9a and 9c)

Page 15: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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.

47%

27%

25%

1%

Award upholding claims in part or in full

Award dismissing all claims

Award declining jurisdiction

Award deciding that the claims aremanifestly without legal merit

48%

26%

14%

8%

3%

1%

Proceeding discontinued at the request ofboth parties [1]Proceeding discontinued at the request ofone party [2]Settlement agreement embodied in an awardat parties' request [3]Proceeding discontinued for lack of paymentof the required advances [4]Proceeding discontinued for failure of partiesto act [5]Proceeding discontinued at the Initiative ofthe Tribunal [6]

Page 16: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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 17: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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

181

113

44

3 18 61 5

19

0

20

40

60

80

100

120

140

160

180

200

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 18: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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

314

88 113 7639 17 35 30

884

426

155196

58 46 22 210

100

200

300

400

500

600

700

800

900

1000

Western Europe North America(Canada, Mexico

& U.S.)

South & EastAsia & the

Pacific

South America 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)

48%

20%

11%

11%

4%

2%2%2%

Western Europe

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

South & East Asia & the Pacific

South America

Middle East & North Africa

Eastern Europe & Central Asia

Central America & the Caribbean

Sub-Saharan Africa

Page 19: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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 June 30, 2019

France 255

United States of America 242

United Kingdom 217

Canada 142

Switzerland 134

Spain 115

Germany 97

Australia 96

Italy 70

Belgium 68

Mexico 67

Chile 60

Argentina 57

New Zealand 49

Netherlands 47

Colombia 42

Bulgaria 41

Egypt, Arab Rep. of 36

Costa Rica 31

Sweden 30

France/Sweden 26

United Kingdom/France 25

Austria 22

Canada/New Zealand 20

Singapore 20

United States of America/Switzerland

19

Brazil 18

Argentina/Spain 17

China 14

Finland 14

Nationality/ Nationalities

As of June 30, 2019

Pakistan 14

Slovak Republic 13

Switzerland/Brazil 13

Bangladesh 12

Canada/United Kingdom 12

France/Switzerland 12

Guatemala 12

Iran, Islamic Rep. of/France 12

Lebanon/France 12

Malaysia 12

Morocco 12

Greece 11

Peru 11

Philippines 11

Germany/Austria 10

Ireland/Germany 10

Korea, Rep.of 10

Denmark 9

Nigeria 9

Uruguay 9

Venezuela 9

Colombia/France 8

Somalia 8

Australia/Ireland 7

Ecuador 7

Senegal 7

Thailand 7

Argentina/United States of America

6

India 6

Switzerland/Ireland 6

Page 20: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 19

Nationality/ Nationalities

As of June 30, 2019

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

Iran, Islamic Rep. of 4

New Zealand/United Kingdom 4

United Kingdom/Italy 4

Czech Republic 3

Honduras 3

Ireland/United States of America 3

Israel 3

Jamaica 3

Paraguay 3

Portugal 3

Serbia 3

Togo 3

United Kingdom/Nigeria 3

Benin 2

Chile/United States of America 2

France/Mauritius 2

Gabon 2

Ghana 2

Japan 2

Jordan 2

Lebanon 2

Lebanon/Chile 2

Madagascar 2

Nationality/ Nationalities

As of June 30, 2019

Malawi 2

Peru/Switzerland 2

South Africa 2

United Kingdom/Germany 2

Argentina/Brazil 1

Australia/Germany 1

Cabo Verde 1

Cameroon 1

Canada/Switzerland 1

Central African Republic 1

Croatia 1

Czechoslovakia 1

Dominica 1

Dominican Republic 1

France/Lebanon/Ecuador 1

France/New Zealand 1

France/Syria 1

Israel/Switzerland 1

Luxembourg 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

Page 21: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

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

667

538

274

118

637

28

132

37 1376

0

100

200

300

400

500

600

700

800

Claimant Respondent Parties jointly Co-arbitrators orconciliators

ICSID (Chairman /Secretary-General)

Men Women

Page 22: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 21

PART II CASES REGISTERED AND ADMNISTERED BY ICSID IN FISCAL YEAR 2019 (FY2019)

Page 23: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 22

1. New Cases Registered by ICSID in FY2019

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2019

2. Non-ICSID Cases Administered by the ICSID Secretariat in FY2019

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY2019

12

5

0123456789

10111213

Investor-State UNCITRAL Arbitrations Other Cases

47

14

0

5

10

15

20

25

30

35

40

45

50

ICSID Convention Arbitration CasesICSID Convention Conciliation CasesICSID Additional Facility Arbitration Cases

Page 24: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 23

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2019

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules

64%

15%

7%

2%2%2%

2%2%

2%2% Bilateral Investment Treaty

Investment Contract between the Investor and the Host-State

Energy Charter Treaty

Canada-Colombia Free Trade Agreement

Central America-Panama Free Trade Agreement

Dominican Republic-United States-Central America Free Trade Agreement

North American Free Trade Agreement

Peru-Singapore Free Trade Agreement

U.S.-Colombia Trade Promotion Agreement

U.S.-Morocco Free Trade Agreement

Page 25: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 24

4. Geographic Distribution of New ICSID Cases Registered in FY2019, by State Party Involved

Chart 4: Geographic Distribution of New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved

Chart 5: Geographic Distribution of New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details

25%

21%

17%

11%

10%8%6%

2%

Eastern Europe & Central AsiaSouth AmericaMiddle East & North AfricaSub-Saharan AfricaWestern EuropeCentral America & the CaribbeanSouth & East Asia & the PacificNorth America (Canada, Mexico & U.S.)

Venezuela, 2

Uruguay, 1

Peru, 4

Colombia, 2

Bolivia, 1

Argentina, 1

Mexico, 1 Panama, 1

Honduras, 1

Guatemala, 1

Costa Rica, 1

Turkmenistan, 3

Turkey, 1

Tajikistan, 1

Serbia, 1

Romania, 1

NorthMacedonia, 1

Lithuania, 1

Kazakhstan, 1

Cyprus, 1

Bulgaria, 1

Armenia, 1

Spain, 5

Tanzania, 2

Senegal, 1

Rwanda (Energy Utility Corp.), 1

Gabon, 1

Cameroon, 1

UAE, 1

Qatar, 1

Morocco, 3

Kuwait, 1

Egypt, 2

Algeria, 1

Sri Lanka, 1

Nepal, 1

Bangladesh, 1

0

2

4

6

8

10

12

14

Western Europe Eastern Europe &Central Asia

Middle East &North Africa

Sub-SaharanAfrica

South America North America(Canada, Mexico &

U.S.)

South & East Asia& the Pacific

Central America &the Caribbean

Page 26: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 25

5. Distribution of New ICSID Cases Registered in FY2019, by Economic Sector

Chart 6: Distribution of New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules, by Economic Sector

21%21%

15%

11.5%11.5%

6%

6%

4%

4%

Oil, Gas & Mining

Electric Power & Other Energy

Construction

Finance

Other Industry

Information & Communication

Transportation

Agriculture, Fishing & Forestry

Water, Sanitation & Flood Protection

Page 27: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 26

6. ICSID Arbitration Proceedings Concluded in FY19 – Outcomes

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY19 – Outcomes

Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY19 – Tribunal Rulings, Settlement & Discontinuances

66% 34%

Dispute decided by Tribunal(see charts 7a and 7b)

Dispute settled or proceeding otherwise discontinued(see charts 7a and 7c)

31%

23%

12%

20%

11%

3%

Award upholding claims in part or in full

Award dismissing all claims

Award declining jurisdiction

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]

Page 28: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 27

Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY19 – Findings

Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY19 – 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).

48%

35%17%

Award upholding claims in part or in full

Award dismissing all claims

Award declining jurisdiction

59%

33%

8%

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]

Page 29: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 28

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY19

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY19 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 FY19 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

5 3 2 1 15

1

16

2821

2 5 4

77

0

10

20

30

40

50

60

70

80

90

North America(Canada, Mexico

& U.S.)

South America Central America&

the Caribbean

Middle East &North Africa

Sub-SaharanAfrica

South & EastAsia & the

Pacific

Eastern Europe&

Central Asia

Western Europe

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

54%

19%14%

6%

3%2%

1%1%

Western Europe

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

South America

South & East Asia & the Pacific

Eastern Europe & Central Asia

Middle East & North Africa

Central America & the Caribbean

Sub-Saharan Africa

Page 30: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 29

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY19 in Cases Registered under the ICSID Convention and Additional Facility Rules

Nationality/ Nationalities

As of June 30,

2019 France 18

United States of America 14

United Kingdom 13

Germany 12

Canada 11

Switzerland 10

Argentina 8

Belgium 6

Italy 6

Spain 5

Bulgaria 3

Chile 3

Ireland/Germany 3

Mexico 3

Sweden 3

Switzerland/Brazil 3

United States of America/United Kingdom 3

Argentina/Spain 2

Australia 2

Brazil 2

Colombia 2

Finland 2

Greece 2

Netherlands 2

Pakistan 2

Singapore 2

Nationality/ Nationalities

As of June 30,

2019 United Kingdom/France 2

United Kingdom/Germany 2

United Kingdom/Italy 2

Argentine/Brazil 1

Australia/Ireland 1

Bahamas 1

Barbados 1

Canada/New Zealand 1

Chile/United States of America 1

Egypt 1

France/Lebanon 1

France/New Zealand 1

France/Switzerland 1

Germany/Austria 1

Guatemala 1

Iran, Islamic Rep. of/France 1

Ireland/United States of America 1

Korea, Rep. of 1

New Zealand 1

New Zealand/United Kingdom 1

Nigeria 1

Peru/Switzerland 1

Slovak Republic 1

Switzerland/Ireland 1

Switzerland/United States of America 1

Turkey 1

Page 31: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

Page | 30

Chart 11: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules in FY19 – 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 FY19 – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators or Conciliators), by Gender

76%24%

Men Women

52

29

17

8

24

6

138

4

10

0

10

20

30

40

50

60

Claimant Respondent Parties jointly Co-arbitrators orconciliators

ICSID (Chairman /Secretary-General)

Men Women

Page 32: THE ICSID CASELOAD — STATISTICS...The ICSID Secretariat offers administrative support and facilities and investor- in State-State State proceedings conducted under non. Among the

SPECIAL FEATURES AND SERVICES OF ICSID WWW.ICSID.WORLDBANK.ORG

5WWW.ICSID.WORLDBANK.ORG

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.