An Introduction to ICSID Process Workshop on ISDS provisions in the EU's International Investment Agreements European Parliament Meg Kinnear ICSID Secretary-General.

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© 2011 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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ICSID IBRD IDA IFC MIGA

International Centre for

Settlement of Investment

Disputes

MISSION:

Provides facilities for conciliation and arbitration of international investment disputes

International Bank for

Reconstruction and

Development

MISSION:

Lends funds to governments of middle and low-income countries

International Development Association

MISSION:

Provides interest-free loans and grants to governments of poorest countries

International Financial

Corporation

MISSION:

Provides loans, equity and technical assistance to stimulate private sector investment in developing countries

Multilateral Investment Guarantee

Agency

MISSION:

Guarantees for investors in developing countries against non-commercial risk

The World Bank Group

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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ICSID Membership150 Members

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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ICSID Proceedings

• Conciliation• Arbitration

Convention(Both disputing

parties from ICSID Contracting

States)

• Conciliation• Arbitration• Fact-finding

Additional Facility

(One disputing party from Contracting

States)• Case administration under other

Rules or Treaties (e.g.: UNCITRAL investment cases; State-to-State cases)

• Other functions on consent of parties (e.g.: Fact-finding, Mediation)

Other(Need not be

from Contracting State)

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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ICSID Caseload – March 1, 2014

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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72

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73

19

74

19

75

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76

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78

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80

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00

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01

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02

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up

to

Ma

r. 1

, 20

14

0

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60

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1 2 1 2 2 3 41

41 2 1

3 3 3

10111012

14

19

31

2727

23

37

21

2526

38

50

40

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Cases Registered under the ICSID Convention and Additional Facility Rules

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ICSID Cases by State Party – March 1, 2014

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

South America27%

European Union12%

Central America & the Carribean6%

North America (Canada, Mexico &

U.S.)5%

Eastern Europe(non-EU) & Central

Asia(non-EU)

14%Western Europe

(non-EU)1%

Sub-Saharan Africa16%

Middle East & North Africa11%

South & East Asia & the Pacific8%

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ICSID Cases by Claimant Nationality – March 1, 2014

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Claimants with EU

Nationality 54%

Claimants without EU Nationality

46%

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Consent is the Cornerstone of Jurisdiction

Sources of Consent:

• Contracts• Investment Laws• Bilateral Investment Treaties• Multilateral Agreements

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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Conduct of an ICSID Convention Case Arbitration

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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Transparency - Procedural Details

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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Transparency – Other Provisions

• Publication of awards

• Open hearings

• Amicus Curiae possible

• Can apply the new UNCITRAL Transparency Rules if treaty requires or parties agree

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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Disputes Decided By Tribunals – EU MS Respondents - March 1, 2014

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Award declin-ing jurisdiction

19%

Award dismiss-ing all claims

50%

Award uphold-ing claims in part or in full

31%

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ICSID 1818 H Street, N.W.

Washington, D.C. 20433USA

Tel: + 1 (202) 458-1534Fax: + 1 (202) 522-2615 or 522-2027

Website: www.worldbank.org/icsid

© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.