THE ICSID CASELOAD STATISTICS (ISSUE )

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1 THE ICSID CASELOAD STATISTICS (ISSUE 07-)

2 The ICSID Caseload Statistics (Issue 07-) This issue of the ICSID Caseload Statistics updates the profile of the ICSID caseload, historically and for the Centre s Fiscal Year 07 (FY07). It is based on cases registered or administered by ICSID as of June 30, 07. 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 at ICSIDsecretariat@worldbank.org. 07 by International Centre for Settlement of Investment Disputes. Page

3 TABLE OF CONTENTS PART I - ALL CASES REGISTERED AND ADMINISTERED BY ICSID. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of June 30, Cases Registered by ICSID 7 Chart : Total Number of ICSID Cases Registered, by Calendar Year 7 Chart : 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 : Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years 9. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 0 Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules 0 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 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 7. ICSID Arbitration and Conciliation Proceedings Outcomes 3 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes 3 Chart 8a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Tribunal Rulings, Settlement & Discontinuances Chart 8b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings 5 Chart 8c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules Basis 6 Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Outcomes 7 Chart 0: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Commission Reports 7 8. Annulment Proceedings under the ICSID Convention Outcomes 8 Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 8 9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 9 Chart : 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 9 Chart 3: 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 0 Chart : State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules The data is based on ICSID statistics as of June 30, 07. The ICSID Fiscal Year covers the period July to June by International Centre for Settlement of Investment Disputes. Page 3

4 PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 07 (FY07). New Cases Registered by ICSID in FY07 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY07. Non-ICSID Cases Administered by the ICSID Secretariat in FY07 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY07 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY07 5 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules 5. Geographic Distribution of New ICSID Cases Registered in FY07, by State Party Involved 6 Chart : Geographic Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by State Party Involved 6 Chart 5: Geographic Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details 7 5. Distribution of New ICSID Cases Registered in FY07, by Economic Sector 8 Chart 6: Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by Economic Sector 8 6. ICSID Arbitration Proceedings Concluded in FY07 Outcomes 9 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY07 Outcomes 9 Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY07 Tribunal Rulings, Settlement & Discontinuances 30 Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY07 Findings 3 Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY07 Basis 3 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY07 33 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY07 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 FY07 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 3 Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY07 in Cases Registered under the ICSID Convention and Additional Facility Rules by International Centre for Settlement of Investment Disputes. Page

5 PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID 07 by International Centre for Settlement of Investment Disputes. Page 5

6 . Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of June 30, by International Centre for Settlement of Investment Disputes. Page 6

7 . Cases Registered by ICSID Chart : Total Number of ICSID Cases Registered, by Calendar Year: to June 30, 07 Cases Registered under the ICSID Convention and Additional Facility Rules As of June 30, 07, ICSID had registered 69 cases under the ICSID Convention and Additional Facility Rules. 07 by International Centre for Settlement of Investment Disputes. Page 7

Chart : Number of Cases Registered under the ICSID Convention and Additional Facility Rules, by Calendar Year: 60 50 0 30 0 0 0 3 3 5 8 3 6 50 0 38 30 3 33 35 3 3 3 5 8 0 8 8 8 9 97 973 97 975 976

8 Chart : Number of Cases Registered under the ICSID Convention and Additional Facility Rules, by Calendar Year: ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases to June 30, 07 ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules: ICSID Convention Arbitration Cases 555 (89.7%) ICSID Convention Conciliation Cases 8 (.3%) ICSID Additional Facility Arbitration Cases 5 (8.7%) ICSID Additional Facility Conciliation Cases (0.3%) 07 by International Centre for Settlement of Investment Disputes. Page 8

9 3. Non-ICSID Cases Administered by the ICSID Secretariat Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years: FY008 FY009 FY00 FY0 FY0 FY03 FY0 FY05 FY06 FY07 Investor-State UNCITRAL Arbitrations Other Cases 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 960, and an arbitration under the Softwood Lumber Agreement of 006 (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. 07 by International Centre for Settlement of Investment Disputes. Page 9

. 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

5% North American Free Trade Agreement.9% Chile-Colombia Free Trade Agreement 0.% Colombia-Mexico Free Trade U.S.-Panama Trade Agreement Promotion Agreement 0.% 0.

10 . 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: Central America-Panama Free Trade Agreement 0.% Canada-Peru Free Trade Agreement 0.% Oman-U.S. Free Trade Agreement 0.% Energy Charter Treaty 9.5% North American Free Trade Agreement.9% Chile-Colombia Free Trade Agreement 0.% Colombia-Mexico Free Trade U.S.-Panama Trade Agreement Promotion Agreement 0.% 0.3% Canada-Colombia Free Trade Agreement 0.% ASEAN Agreement for the Promotion and Protection of Investments 0.% Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference 0.% Investment Law of the Host- State 9.6% Bilateral Investment Treaty 60.% Investment Contract between the Investor and the Host-State 6.8% Dominican Republic-United States-Central America Free Trade Agreement 0.7% 07 by International Centre for Settlement of Investment Disputes. Page 0

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

South & East Asia & the Pacific 8% Middle East & North Africa % * The classification of the geographic regions above is based on the World Bank s regional system, available at http://web.

11 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*: North America (Canada, Mexico & U.S.) % Eastern Europe & Central Asia 5% Central America & the Caribbean 6% Western Europe 8% South America 3% Sub-Saharan Africa 5% South & East Asia & the Pacific 8% Middle East & North Africa % * The classification of the geographic regions above is based on the World Bank s regional system, available at and also includes World Bank donor countries. 07 by International Centre for Settlement of Investment Disputes. Page

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

7% Transportation 9% Other Industry 3% Tourism % Construction 8% Water, Sanitation & Flood Protection 5% * This sector classification is based on the World Bank s

12 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*: Information & Communication 6% Agriculture, Fishing & Forestry % Oil, Gas & Mining % Finance 7% Services & Trade 3% Electric Power & Other Energy 7% Transportation 9% Other Industry 3% Tourism % Construction 8% Water, Sanitation & Flood Protection 5% * This sector classification is based on the World Bank s sector codes, available at 07 by International Centre for Settlement of Investment Disputes. Page

7. ICSID Arbitration and Conciliation Proceedings Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes: Dispute decided by

13 7. ICSID Arbitration and Conciliation Proceedings Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes: Dispute decided by Tribunal 6% (see charts 8a and 8b) Dispute settled or proceeding otherwise discontinued 36% (see charts 8a and 8c) 07 by International Centre for Settlement of Investment Disputes. Page 3

Chart 8a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in full 9.

8% Settlement agreement embodied in an award at parties' request 5.% Award declining jurisdiction 6.% Award deciding that the claims are manifestly without legal merit 0.

14 Chart 8a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in full 9.7% Proceeding discontinued at the request of both parties 6.6% Proceeding discontinued at the request of one party 9.6% Award dismissing all claims 7.8% Settlement agreement embodied in an award at parties' request 5.% Award declining jurisdiction 6.% Award deciding that the claims are manifestly without legal merit 0.7% Proceeding discontinued for failure of parties to act.% Proceeding discontinued at the initiative of the Tribunal 0.% Proceeding discontinued for lack of payment of the required advances.8% Dispute decided by Tribunal (6%) Dispute settled or proceeding otherwise discontinued (36%) 07 by International Centre for Settlement of Investment Disputes. Page

Cart 8b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings: Award declining jurisdiction 5% Award dismissing all claims 8% Award deciding that

15 Cart 8b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings: Award declining jurisdiction 5% Award dismissing all claims 8% Award deciding that the claims are manifestly without legal merit* % Award upholding claims in part or in full 6% * Pursuant to ICSID Arbitration Rule (5) and Article 5(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 006, 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. 07 by International Centre for Settlement of Investment Disputes. Page 5

Chart 8c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules Basis: Proceeding discontinued at the request of one party 7% Settlement

discontinued for failure of parties to act 5 3% Proceeding discontinued at the request of both parties 6 7% ICSID Arbitration Rule.

16 Chart 8c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules Basis: Proceeding discontinued at the request of one party 7% Settlement agreement embodied in an award at parties' request % Proceeding discontinued at the Initiative of the Tribunal 3 % Proceeding discontinued for lack of payment of the required advances 8% Proceeding discontinued for failure of parties to act 5 3% Proceeding discontinued at the request of both parties 6 7% ICSID Arbitration Rule. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule 3() and Arbitration (Additional Facility) Rule 9(). 3 In accordance with Article of the ICSID Convention. ICSID Administrative & Financial Regulation (3)(d). 5 ICSID Arbitration Rule 5 and Arbitration (Additional Facility) Rule 5. 6 ICSID Arbitration Rule 3() and Arbitration (Additional Facility) Rule 9(). 07 by International Centre for Settlement of Investment Disputes. Page 6

Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Outcomes: Conciliation Commission Report issued 75% (see chart 0) Proceeding Discontinued 5% Chart 0:

17 Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Outcomes: Conciliation Commission Report issued 75% (see chart 0) Proceeding Discontinued 5% Chart 0: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Commission Reports: Report recording failure of the Parties to reach agreement 83% Report recording agreement of the Parties 7% 07 by International Centre for Settlement of Investment Disputes. Page 7

18 8. Annulment Proceedings under the ICSID Convention Outcomes Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade: 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 07 by International Centre for Settlement of Investment Disputes. Page 8

9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases Chart : Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID

Central Asia % Central America & the Caribbean 3% South America 0% Western Europe 7% North America (Canada, Mexico & U.S.) % * The classification of the geographic regions above is based on the World Bank s regional system, available at http://web.

19 9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases Chart : 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*: Middle East & North Africa % Sub-Saharan Africa % South & East Asia & the Pacific % Eastern Europe & Central Asia % Central America & the Caribbean 3% South America 0% Western Europe 7% North America (Canada, Mexico & U.S.) % * The classification of the geographic regions above is based on the World Bank s regional system, available at and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until June 30, by International Centre for Settlement of Investment Disputes. Page 9

20 Chart 3: 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*: North America (Canada, Mexico & U.S.) South America Central America & the Caribbean Appointments by ICSID Middle East & North Africa Sub-Saharan Africa South & East Asia & the Pacific Appointments by the Parties (or Party-appointed Arbitrators) Eastern Europe & Central Asia Western Europe * The geographical classification is based on the World Bank s regions as set forth at and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until June 30, by International Centre for Settlement of Investment Disputes. Page 0

21 Chart : State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules: Zambia United States of America/Canada United States of America/United Kingdom United Kingdom/Uganda United Kingdom/Ghana Sudan Sri Lanka Slovenia Paraguay Pakistan/United States of America Norway New Zealand/United Kingdom Luxembourg Japan Israel/Switzerland Ireland/United States of America France/Syria Dominica Croatia Chile/United States of America Central African Republic Canada/Switzerland Cameroon Cabo Verde Bahamas Australia/Germany South Africa Portugal Malawi Madagascar Lebanon/Chile Lebanon Jordan Ghana Gabon France/Mauritius Benin Togo Serbia Jamaica Israel Honduras Czech Republic Barbados Argentina/United States of America Switzerland/Ireland Ireland/Germany Iran, Islamic Rep. of Cyprus Canada/Lebanon Australia/Ireland Algeria United States of America/France Nigeria Guyana State of Nationality of Appointee Number of Appointments Page 07 by International Centre for Settlement of Investment Disputes.

22 State of Nationality of Appointee India Thailand Somalia Senegal Peru Korea, Rep.of Ecuador Iran, Islamic Rep. of/france Germany/Austria France/Switzerland Colombia/France Venezuela Uruguay Slovak Republic Guatemala Greece Denmark Switzerland/Brazil Pakistan Philippines Morocco Lebanon/France China Malaysia Finland Canada/United Kingdom Bangladesh Singapore Brazil Argentina/Spain Canada/New Zealand United States of America/Switzerland Austria United Kingdom/France France/Sweden Bulgaria Sweden Costa Rica Egypt, Arab Rep. of Colombia Argentina New Zealand Netherlands Belgium Chile Mexico Italy Germany Australia Spain Switzerland Canada United Kingdom United States of America France Page 07 by International Centre for Settlement of Investment Disputes Number of Appointments

23 PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 07 (FY07) 07 by International Centre for Settlement of Investment Disputes. Page 3

. New Cases Registered by ICSID in FY07 Chart : Number of New Cases Registered under the

Convention Arbitration Cases ICSID Additional Facility Arbitration Cases.

Non-ICSID Cases Administered by the ICSID Secretariat in FY07: 0 9 8 7 6 5 3 0 9 5

24 . New Cases Registered by ICSID in FY07 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY07: ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases. Non-ICSID Cases Administered by the ICSID Secretariat in FY07 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY07: Investor-State UNCITRAL Arbitrations Other Cases 07 by International Centre for Settlement of Investment Disputes. Page

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY07 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY07 under the

Member States of the Organisation of the Islamic Conference % Chile-Colombia Free Trade Agreement % Bilateral Investment Treaty 6% Colombia-Mexico Free Trade Agreement % Energy Charter Treaty 3%

25 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY07 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules: Canada-Colombia Free Trade Agreement % U.S.-Panama Trade Promotion Agreement % Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference % Chile-Colombia Free Trade Agreement % Bilateral Investment Treaty 6% Colombia-Mexico Free Trade Agreement % Energy Charter Treaty 3% North American Free Trade Agreement % Investment Law of the Host-State % Investment Contract between the Investor and the Host-State 5% 07 by International Centre for Settlement of Investment Disputes. Page 5

. Geographic Distribution of New ICSID Cases Registered in FY07, by State Party Involved Chart : Geographic Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional

ate Party Involved*: North America (Canada, Mexico & U.S.

26 . Geographic Distribution of New ICSID Cases Registered in FY07, by State Party Involved Chart : Geographic Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: North America (Canada, Mexico & U.S.) % Eastern Europe & Central Asia 7% Central America & the Caribbean 8% Western Europe % South America % Sub-Saharan Africa % South & East Asia & the Pacific 8% Middle East & North Africa % * The classification of the geographic regions above is based on the World Bank s regional system, available at and also includes World Bank donor countries. 07 by International Centre for Settlement of Investment Disputes. Page 6

Chart 5: Geographic Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details*: Albania, Bosnia and Herzegovina, 0

Algeria, Egypt, Lebanon, Kuwait, UAE, Iraq, Middle East & North Africa Madagascar, Mauritius, Su

27 Chart 5: Geographic Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details*: Albania, Bosnia and Herzegovina, 0 Bulgaria, Czech Republic, Argentina, Belgium, Greece, Italy, Spain, Kyrgyz Republic, Romania, Serbia, Turkmenistan, Ukraine, Croatia, Latvia, Western Europe Eastern Europe & Central Asia Algeria, Egypt, Lebanon, Kuwait, UAE, Iraq, Middle East & North Africa Madagascar, Mauritius, Sub-Saharan Africa Chile Colombia, Peru, 3 Venezuela, 3 South America Mexico, Philippines, Panama, 3 U.S., China, Indonesia, Sri Lanka, Grenada, North America South & East Central America (Canada, Mexico Asia & the Pacific & the Caribbean & U.S.) * The classification of the geographic regions above is based on the World Bank s regional system, available at and also includes World Bank donor countries. 07 by International Centre for Settlement of Investment Disputes. Page 7

5. Distribution of New ICSID Cases Registered in FY07, by Economic Sector Chart 6: Distribution of New Cases Registered in FY07 under the ICSID Convention and

0% Transportation 7% Electric Power & Other Energy 7% Other Industry % Tourism 6% Construction 7% * The sector classification is based on the World Bank s sector

28 5. Distribution of New ICSID Cases Registered in FY07, by Economic Sector Chart 6: Distribution of New Cases Registered in FY07 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: Services & Trade % Finance 8% Information & Communication 6% Agriculture, Fishing & Forestry % Oil, Gas & Mining 0% Transportation 7% Electric Power & Other Energy 7% Other Industry % Tourism 6% Construction 7% * The sector classification is based on the World Bank s sector codes, available at 07 by International Centre for Settlement of Investment Disputes. Page 8

29 6. ICSID Arbitration Proceedings Concluded in FY07 Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY07 Outcomes: Dispute decided by Tribunal 68% (see charts 7a and 7b) Dispute settled or proceeding otherwise discontinued 3% (see charts 7a and 7c) 07 by International Centre for Settlement of Investment Disputes. Page 9

Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY07 Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in

30 Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY07 Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in full 7.3% Award dismissing all claims 5.0% Proceeding discontinued at the request of both parties.% Proceeding discontinued at the request of one party.% Settlement agreement embodied in an award at parties' request.5% Award declining jurisdiction 3.6% Award deciding that the claims are manifestly without legal merit.3% Proceeding discontinued for failure of parties to act.3% Proceeding discontinued for lack of payment of the required advances.3% Dispute decided by Tribunal (68%) Dispute settled or proceeding otherwise discontinued (3%) 07 by International Centre for Settlement of Investment Disputes. Page 30

Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY07 Findings: Award declining jurisdiction 0% Award dismissing all claims 37% Award

31 Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY07 Findings: Award declining jurisdiction 0% Award dismissing all claims 37% Award deciding that the claims are manifestly without legal merit* 3% Award upholding claims in part or in full 0% * Pursuant to ICSID Arbitration Rule (5) and Article 5(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 006, 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. 07 by International Centre for Settlement of Investment Disputes. Page 3

Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY07 Basis: Proceeding discontinued at the request of one party 36%

Proceeding discontinued at the request of both parties 5 36% ICSID Arbitration Rule. No case concluded on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule 3().

32 Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY07 Basis: Proceeding discontinued at the request of one party 36% Settlement agreement embodied in an award at parties' request % Proceeding discontinued for lack of payment of the required advances 3 7% Proceeding discontinued for failure of parties to act 7% Proceeding discontinued at the request of both parties 5 36% ICSID Arbitration Rule. No case concluded on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule 3(). No case concluded on the basis of Arbitration (Additional Facility) Rule 9(). 3 ICSID Administrative and Financial Regulations (3)(d). ICSID Arbitration Rule 5. No case concluded on the bais of rbitration (Additional Facility) Rule 5. 5 ICSID Arbitration Rule 3(). No case concluded on the basis of Arbitration (Additional Facility) Rule 9(). 07 by International Centre for Settlement of Investment Disputes. Page 3

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY07 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY07 in Cases Registered under

Africa % North America (Canada, Mexico & U.S.

33 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY07 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY07 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region*: South America % Central America & the Caribbean % Middle East & North Africa % Sub-Saharan Africa % North America (Canada, Mexico & U.S.) % South & East Asia & the Pacific % Eastern Europe & Central Asia % Western Europe 6% * The classification of the geographic regions above is based on the World Bank s regional system, available at and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in FY by International Centre for Settlement of Investment Disputes. Page 33

34 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY07 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by ICSID and by the Parties (or Partyappointed Arbitrators) by Geographic Region*: North America (Canada, Mexico & U.S.) South America 0 Central America & the Caribbean 3 Middle East & North Africa Sub-Saharan Africa 7 South & East Asia & the Pacific 0 6 Eastern Europe & Central Asia Western Europe Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators) * The classification of the geographic regions above is based on the World Bank s regional system, available at and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in FY by International Centre for Settlement of Investment Disputes. Page 3

35 Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY07 in Cases Registered under the ICSID Convention and Additional Facility Rules: State of Nationality of Appointee Zambia United States of America/United Kingdom United States of America/France South Africa Nigeria New Zealand/United Kingdom Malaysia Lebanon/Chile Germany/Austria France/Syria Czech Republic Costa Rica Brazil Bahamas Australia/Ireland Australia/Germany Argentina/United States of America United Kingdom/France Switzerland/Brazil Switzerland Pakistan New Zealand Netherlands Mexico Korea, Rep. of France/Switzerland Finland Chile Canada/Lebanon Austria Argentina/Spain Sweden Canada/New Zealand Ireland/Germany Colombia Italy Germany Bulgaria Belgium Argentina Spain Canada Australia United Kingdom France United States of America Number of Appointments by International Centre for Settlement of Investment Disputes. Page 35

THE ICSID CASELOAD STATISTICS (ISSUE )

THE ICSID CASELOAD STATISTICS (ISSUE 07 ) The ICSID Caseload Statistics (Issue 07 ) This issue of the ICSID Caseload Statistics updates the profile of the ICSID caseload, historically and for the calendar