THE ICSID CASELOAD STATISTICS (ISSUE 2019-1) · State-State or investor-State proceedings. Among the State-State cases administered in the past decade are the Southern Bluefin Tuna

THE ICSID CASELOAD —

STATISTICS

(ISSUE 2019-1)

© 2019 by International Centre for Settlement of Investment Disputes.

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

The ICSID Caseload – Statistics (Issue 2019-1)

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

and for the calendar year 2018. It is based on cases registered or administered by ICSID as of

December 31, 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 December 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 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 December 31, 2018. 2 The ICSID Fiscal Year covers the period July 1 to June 30.



PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2018

1. New Cases Registered by ICSID in 2018 24

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2018 24

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2018 24

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2018 24

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 25

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 under the ICSID

Convention and Additional Facility Rules 25

4. Geographic Distribution of New ICSID Cases Registered in 2018, by State Party Involved 26

Chart 4: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules,

by State Party Involved 26

Chart 5: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules,

by State Party Involved – Further Details 27

5. Distribution of New ICSID Cases Registered in 2018, by Economic Sector 28

Chart 6: Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by

Economic Sector 28

6. ICSID Arbitration Proceedings Concluded in 2018 – Outcomes 29

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2018 – Outcomes 29

Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2018 – Tribunal Rulings,

Settlement & Discontinuances 30

Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2018 – Findings 31

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

in 2018 – Basis 32

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2018 33

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 in Cases Registered under the

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

Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 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 34

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 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 December 31, 2018



2. Cases Registered by ICSID

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

As of December 31, 2018, ICSID had registered 706 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

5356

0

10

20

30

40

50

60

19

72

19

73

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74

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14

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20

16

20

17

20

18

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

23 3 8 8 8 9

1418

30

2124

21

32

2023 25

3340 38

35

50

4249 49

1 1 1

1

1

1 1

1

1

2 3 2 3

16

2

2

4

12

1

4

82

3

2

5

46

2

0

10

20

30

40

50

60

19

72

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00

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20

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20

18

ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases

ICSID Convention Arbitration Cases

632(89.5%)

ICSID Convention Conciliation Cases

9(1.3%)

ICSID Additional Facility Arbitration Cases

63(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 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, SCC, and other institutions.

46

35

10 97

9 8

12

3

2

1

2

1

2

5 6

4

0

2

4

6

8

10

12

14

16

18

FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2018 July 1 -Dec. 31,

2018Investor-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 Canada-Colombia Free Trade Agreement (4); Central America-Panama Free Trade Agreement (2); U.S.-Panama Trade Promotion Agreement (2); Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference (1); Agreement on Promotion and Reciprocal Protection of Investments in the Member States of the Eurasian Economic Community (1); ASEAN Agreement for the Promotion and Protection of Investments (1); Canada-Peru Free Trade Agreement (1); Chile-Colombia Free Trade Agreement (1); Colombia-Mexico Free Trade Agreement (1); Oman-U.S. Free Trade Agreement (1); Treaty on the Eurasian Economic Union (1); U.S.-Colombia Trade Promotion Agreement (1); and U.S.-Morocco Free Trade Agreement (1).

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://projects.worldbank.org/sector?lang=.

Finance8%

Information & Communication

6%

Agriculture, Fishing & Forestry

4%Oil, Gas & Mining

24%

Electric Power & Other Energy

17%

Water, Sanitation & Flood Protection

5%Construction

8%Tourism

4%

Other Industry12%

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 jurisdiction

16%

Award dismissing all claims

17%

Award upholding claims in part or in full

30.6%

Proceeding discontinued at the request of both parties

17%

Proceeding discontinued at the request of one party

9.3%

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 advances3.1%

Proceeding discontinued for failure of parties to act

1.2%

Dispute decided by Tribunal (64%)

Dispute settled or proceeding otherwise discontinued (36%)



Chart 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%


25%

Award dismissing all claims27%


47%



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

48%

Proceeding discontinued at the request of one

party1

26%Settlement agreement

embodied in an award at parties' request2

13%

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

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

78%(see chart 10)

Proceeding Discontinued22%

Report recording failure of the Parties to reach

agreement86%

Report recording agreement of the Parties

14%



8. Annulment Proceedings under the ICSID Convention – Outcomes

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

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18

96

170

0 1 0

13

37

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 December 31, 2018.


20%

South America11%


2%

Middle East & North Africa

4%



11%Eastern Europe &

Central Asia3%

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, 2018

85 74

35 39 29

111

16

306

413

186

21

57

21

154

45

844

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:

665554444443333333333322222222222222111111111111111111111111

0 50 100 150 200 250

IndiaArgentina/United States of America

United States of America/FranceGuyana

Canada/LebanonUnited States of America/United Kingdom

New Zealand/United KingdomIran, Islamic Rep. of

CyprusBarbados

AlgeriaUnited Kingdom/Nigeria

United Kingdom/ItalyTogo

SerbiaPortugal

ParaguayJamaica

IsraelHonduras

Czech RepublicBahamas

United Kingdom/GermanySouth Africa

MalawiMadagascar

Lebanon/ChileLebanon

JordanJapan

Ireland/United States of AmericaGhanaGabon

France/MauritiusChile/United States of America

BeninZambia

United States of America/CanadaUnited Kingdom/Uganda

United Kingdom/PakistanUnited Kingdom/Ghana

SudanSri LankaSlovenia

Peru/SwitzerlandPakistan/United States of America

NorwayLuxembourg

Israel/SwitzerlandFrance/Syria

France/Lebanon/EcuadorDominican Republic

DominicaCzechoslovakia

CroatiaCentral African Republic

Canada/SwitzerlandCameroon

Cabo VerdeAustralia/Germany

Number of Appointments

Stat

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236

209

136

131

112

96

91

69

65

65

58

52

49

47

41

40

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31

29

26

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0 50 100 150 200 250 300

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

United States of America/Switzerland

Canada/New Zealand

Singapore

Brazil

Argentina/Spain

China

Slovak Republic

Pakistan

Switzerland/Brazil

Morocco

Malaysia

Lebanon/France

Guatemala

Finland

Canada/United Kingdom

Bangladesh

Philippines

Peru

Iran, Islamic Rep. of/France

France/Switzerland

Korea, Rep.of

Ireland/Germany

Greece

Venezuela

Uruguay

Germany/Austria

Denmark

Somalia

Nigeria

Colombia/France

Thailand

Senegal

Ecuador

Australia/Ireland

Switzerland/Ireland


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PART II

CASES REGISTERED AND ADMINISTERED

BY ICSID IN 2018



1. New Cases Registered by ICSID in 2018

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2018:

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2018

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2018:

49

16

0

10

20

30

40

50

60

ICSID Convention Arbitration Cases

ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases

15

5

0123456789

10111213141516

Investor-State UNCITRAL Arbitrations Other Cases



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

in 2018

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules:

Bilateral Investment Treaty56.5%

Dominican Republic-United States-Central America Free Trade

Agreement1.5%

Investment Contract between the Investor and

the Host-State18%

Investment Law of the Host-State

1.5%

Energy Charter Treaty10%

Central America-Panama Free Trade Agreement

1.5%

Canada-Colombia Free Trade Agreement

5%

U.S.-Colombia Trade Promotion Agreement

1.5%

Eurasian Economic Union Treaty

1.5%

Eurasian Investment Agreement

1.5%U.S.-Morocco Free Trade Agreement

1.5%



4. Geographic Distribution of New ICSID Cases Registered in 2018, by State Party Involved

Chart 4: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by State Party Involved*:


https://datahelpdesk.worldbank.org/knowledgebase/articles/906519-world-bank-country-and-lending-groups, and also includes World Bank donor countries.

South America23%


4%

Eastern Europe & Central Asia

32%

Western Europe9%


Middle East & North Africa16%


5%



Chart 5: Geographic Distribution of New Cases Registered in 2018 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, 3

Peru, 4

Colombia, 5

Bolivia, 1

Honduras, 1

Guatemala, 1Turkmenistan, 3

Turkey, 3

Serbia, 1

Romania, 2

Lithuania, 1

Kazakhstan, 1

Cyprus, 1

Bulgaria, 2

Belarus, 2

Azerbaijan, 1

Armenia, 1

Spain, 4

Italy, 1

Togo, 1

Senegal, 1

Rwanda, 1

Gambia, 1

Gabon, 2

Saudi Arabia, 1

Qatar, 1

Morocco, 2

Kuwait, 1

Egypt, 2

Algeria, 2

Vietnam, 1

Sri Lanka, 1

Bangladesh Power

Development Board, 1

0

2

4

6

8

10

12

14

16

18

20

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 2018, by Economic Sector

Chart 6: Distribution of New Cases Registered in 2018 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://projects.worldbank.org/sector?lang=.

Finance13%

Information & Communication

5%

Agriculture, Fishing & Forestry

5%

Oil, Gas & Mining21%

Electric Power & Other Energy

20%

Water, Sanitation & Flood Protection

2%

Construction14%

Tourism2%

Other Industry9%

Transportation5%

Services & Trade4%



6. ICSID Arbitration Proceedings Concluded in 2018 – Outcomes

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2018 – Outcomes:

Dispute decided by Tribunal

50%(see charts 7a and 7b)

Dispute settled or proceeding otherwise

discontinued50%

(see charts 7a and 7c)



Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2018 – Tribunal Rulings, Settlement & Discontinuances:


8%

Award dismissing all claims

17%


25%

Proceeding discontinued at the request of both

parties28%

Proceeding discontinued at the request of one party

11%

Settlement agreement embodied in an award at

parties' request3%


required advances5%

Proceeding discontinued for failure

of parties to act3%

Dispute decided by Tribunal (50%)

Dispute settled or proceeding otherwise discontinued (50%)



Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2018 – Findings:


17%

Award dismissing all claims33%


50%



Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2018 – 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

56%

Proceeding discontinued at the request of one party1

22%Settlement agreement

embodied in an award at parties' request2

5%


required advances3

11%

Proceeding discontinued for failure of parties to act4

6%



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

in 2018

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 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 2018.


16%

South America15%


2%

Middle East & North Africa

4%



9%


6%

Western Europe47%



Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 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 2018.

8

12

4 3 3

13

0

2928

22

0

7

0

8

15

79

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)



1918

1512

11101010

88

76

55

44444

3333333

222222222222

1111111111111111111111

0 2 4 6 8 10 12 14 16 18 20

United States of AmericaFrance

United KingdomBulgaria

ItalySwitzerland

GermanyBelgiumCanada

ArgentinaSpainChile

MexicoColombia

New ZealandNetherlands

Ireland/GermanyEgypt

AustraliaUnited States of America/United Kingdom

Slovak RepublicKorea, Rep. of

Iran, Islamic Rep. of/FranceGuatemala

Australia/IrelandArgentina/Spain

United Kingdom/NigeriaUnited Kingdom/Italy

United Kingdom/GermanyUnited Kingdom/France

Switzerland/IrelandSwitzerland/Brazil

SwedenSingapore

PakistanFrance/Switzerland

BrazilArgentina/United States of America

United Kingdom/PakistanSwitzerland/United States of America

PortugalPeru/Switzerland

PeruParaguay

NigeriaNew Zealand/United Kingdom

JapanIreland/United States of America

GreeceGermany/Austria

France/SwedenFrance/Lebanon/Ecuador

France/LebanonCzech Republic

Costa RicaChile/United States of America

Canada/LebanonBarbadosBahamas

Austria


Stat

e o

f N

atio

nal

ity

of

Ap

po

inte

e

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 in Cases Registered under the ICSID Convention and Additional Facility Rules:

THE ICSID CASELOAD STATISTICS (ISSUE 2019-1) · State-State or investor-State proceedings. Among the State-State cases administered in the past decade are the Southern Bluefin Tuna

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