THE ICSID CASELOAD STATISTICS SPECIAL FOCUS AFRICA (APRIL 2016)

Transcription

1 THE ICSID CASELOAD STATISTICS SPECIAL FOCUS AFRICA (APRIL 2016)

2 The ICSID Caseload Statistics Special Focus Africa (April 2016) This issue of the ICSID Caseload Statistics (Special Focus Africa) provides an overview of the ICSID caseload involving African State Parties. It is based on ICSID cases registered as of April 30, This document looks at cases involving an African State as the State Party to the dispute and illustrates the number of cases registered, the type of cases registered, the basis of consent to ICSID jurisdiction invoked in such cases, the economic sectors involved, and the geographic origin and type of investors involved in such cases. It also contains data on outcomes in arbitration proceedings involving an African State Party, including further information on disputes decided by tribunals and on settled or discontinued cases. This document further looks at cases involving African investors and illustrates the number of cases registered, the type of cases registered, the basis of consent to ICSID jurisdiction invoked in such cases, and the economic sectors concerned in disputes involving African investors. It also contains data on outcomes in ICSID arbitration proceedings involving an African investor, including further information on disputes decided by tribunals and on settled or discontinued cases. Finally, this document looks at the nationalities and geographic origins of arbitrators, conciliators and ad hoc committees members appointed in all ICSID cases, including the number of appointments of African nationals serving as arbitrator, conciliator or ad hoc committee member in an ICSID proceeding. The Secretariat welcomes any comments or suggestions by at Page 2

3 TABLE OF CONTENTS 1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention (as of April 30, 2016) 5 2. Map of ICSID Contracting States and Other Signatories to the ICSID Convention in Africa (as of April 30, 2016) 6 3. Geographic Distribution of All ICSID Cases, by State Party Involved 7 Chart 1: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved 7 4. ICSID Cases Involving an African State Party Further Details 8 Chart 2: Number of ICSID Cases involving an African State Party 8 Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party 10 Chart 4: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party 11 Chart 5: Distribution of Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party, by Economic Sector 12 Chart 6: Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party Geographic Origin of Investors 13 Chart 7: Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party Type of Investor 14 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules involving an African State Party Outcomes 15 Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules involving an African State Party Findings 16 Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules involving an African State Party Basis 17 Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules involving an African State Outcomes 18 Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules involving an African State Commission Reports ICSID Cases involving African Investors Details 19 Chart 11: All Cases Registered under the ICSID Convention and Additional Facility Rules Geographic Origin of Investor 19 Chart 12: Type of Cases Registered under the ICSID Convention and Additional Facility Rules involving African Investors 20 Page 3

4 Chart 13: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules involving African Investors 21 Chart 14: Distribution of Cases Registered under the ICSID Convention and Additional Facility Rules involving African Investors, by Economic Sector 22 Chart 15: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules involving African Investors Outcomes 23 Chart 15a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules involving African Investors Findings 24 Chart 15b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules involving African Investors Basis Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 26 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 ICSID and by the Parties (or Party appointed Arbitrators) by Geographic Region 26 Chart 17: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members from African States Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules 27 ANNEX 1 African States and ICSID Membership (as of April 30, 2016) 28 ANNEX 2 List of ICSID Cases involving African State Parties from Africa (as of April 30, 2016) 30 Page 4

5 1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention (as of April 30, 2016) Page 5

6 2. Map of ICSID Contracting States and Other Signatories to the ICSID Convention in Africa (as of April 30, 2016) Page 6

7 3. Geographic Distribution of All ICSID Cases, by State Party Involved As of April 30, 2016, ICSID had registered 563 cases under the ICSID Convention and Additional Facility Rules. One hundred and thirty one (131) of these cases (23%) involved an African State Party. A list of the African States is attached as Annex 1. For a complete list of cases registered by ICSID involving an African State, see Annex 2. Chart 1: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved*: North America (Canada, Mexico & U.S.) 4% Eastern Europe & Central Asia 25% Central America & the Caribbean 6% Western Europe 7% South America 24% Africa 23% South & East Asia & the Pacific 8% Middle East 3% * 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. Page 7

8 4. ICSID Cases Involving an African State Party Further Details Chart 2: Number of ICSID Cases involving an African State Party: The chart below lists each African State and the number of arbitration and conciliation cases in which each has been involved. A complete list of ICSID cases involving an African State Party is attached as Annex 2. In addition, procedural details about each case can be found on the ICSID website at African State Number of ICSID Cases 1. Algeria 5 2. Angola 0 3. Benin 0 4. Botswana 0 5. Burkina Faso 1 6. Burundi 4 7. Cabo Verde 1 8. Cameroon 5 9. Central African Republic Chad Comoros Congo, Democratic Rep. of Congo, Rep. of Côte d Ivoire Djibouti Egypt, Arab Rep. of Equatorial Guinea Eretria Ethiopia Gabon Gambia, The Ghana Guinea Guinea Bissau Kenya Lesotho Liberia Libya 1 Page 8

9 African State Number of ICSID Cases 29. Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda São Tomé and Principe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Swaziland Tanzania Togo Tunisia Uganda Western Sahara Zambia Zimbabwe 3 Page 9

10 Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party: Of the 131 ICSID cases involving an African State Party, 119 were commenced under the ICSID Convention, and 4 were initiated under the Additional Facility Rules. As of April 30, 2016, 6 conciliation cases were commenced under the ICSID Convention and 2 conciliation cases were initiated under the Additional Facility Rules involving an African State Party. ICSID Convention Conciliation Cases 5% ICSID Convention Arbitration Cases 91% ICSID Additional Facility Arbitration Cases 3% ICSID Additional Facility Conciliation Cases 1% Page 10

11 Chart 4: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party: Of the 131 ICSID cases involving an African State Party, 40% were based on the State s consent to arbitrate or conciliate in an investment contract between the Investor and the Host State. Forty four per cent (44%) of the cases relied on consent found in bilateral investment treaties negotiated by the States, and 16% of cases relied on the investment law of the Host State. Investment Law of the Host State 16% Bilateral Investment Treaty (BIT) 44% Investment Contract between the Investor and the Host State 40% Page 11

12 Chart 5: Distribution of Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party, by Economic Sector*: The 131 disputes involving an African State arose in the context of a variety of economic sectors. Agriculture, Fishing & Forestry 6% Oil, Gas & Mining 34% Information & Communication 4% Finance 3% Services & Trade 5% Electric Power & Other Energy 5% Transportation 8% Water, Sanitation & Flood Protection 4% Other Industry 15% Construction 9% Tourism 7% * This sector classification is based on the World Bank s sector codes, available at Page 12

13 Chart 6: Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party Geographic Origin of Investors: In the 131 ICSID cases involving an African State Party, 20% were commenced by an African investor ( Intra Africa Disputes ). The remaining 80% were commenced by investors from States outside Africa. ICSID Cases Involving African State and non African Investor 80% ICSID Cases Involving African State and African Investor ("Intra Africa Disputes") 20% Page 13

14 Chart 7: Cases Registered under the ICSID Convention and Additional Facility Rules involving an African State Party Type of Investor Of the 131 ICSID cases involving an African State Party, 19% were instituted by individual persons ( natural persons ). Seventy nine (79%) involved juridical persons. This term refers to legal entities such as corporations, partnerships, or joint ventures, and includes small and medium sized enterprises, as well as large companies. A further 2% involved cases brought by a State Party or State Entity. State Party/State Entity 2% Natural person 10% Natural and juridical person 9% Juridical person 79% Page 14

15 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules involving an African State Party Outcomes: In the arbitrations involving an African State Party that have concluded, 41% were settled by the parties or discontinued before a final determination of the tribunal. The basis for settlement or discontinuance is indicated in Chart 8b. The other 59% were resolved by a final award by the tribunal. Where the tribunal rendered a final award, 19% of the awards declined jurisdiction, 24% dismissed all claims, and 57% upheld the claims in part or in full (see Chart 8a). Dispute settled or proceeding otherwise discontinued 41% (see chart 8b) Dispute decided by Tribunal 59% (see chart 8a) Page 15

16 Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules involving an African State Party Findings: Award declining jurisdiction 19% Award dismissing all claims 24% Award upholding claims in part or in full 57% Page 16

17 Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules involving an African State Party Basis: Proceeding discontinued at the request of one party 1 16% Settlement agreement embodied in an award at parties' request 2 13% Proceeding discontinued for lack of payment of the required advances 3 8% Proceeding discontinued at the request of both parties 5 60% Proceeding discontinued for failure of parties to act 4 3% 1 ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 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 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1). Page 17

18 Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules involving an African State Party Outcomes: Conciliation Commission Report issued 71% (see chart 10) Proceeding Discontinued 29% Chart 10: Conciliation Proceedings under ICSID Convention and Additional Facility Rules involving an African State Party Commission Reports: Report recording failure of the Parties to reach agreement 80% Report recording agreement of the Partties 20% Page 18

19 5. ICSID Cases involving African Investors Details Chart 11: All Cases Registered under the ICSID Convention and Additional Facility Rules Geographic Origin of Investor: Investors of African origin were involved in 5% of registered ICSID cases. The data is based on the nationality of Investors as reported at the time of registration. ICSID Cases Involving African Investors 5% ICSID Cases Involving Investors from a non African State 95% Page 19

20 Chart 12: Type of Cases Registered under the ICSID Convention and Additional Facility Rules involving African Investors: Investors of African origin relied primarily on the arbitration mechanism established by the ICSID Convention (90%), and the Additional Facility Rules (6.7%). In addition, 3.3% of the cases involving an African investor were conciliation proceedings under the ICSID Convention. ICSID Convention Arbitration Cases 90.0% ICSID Convention Conciliation Cases 3.3% ICSID Additional Facility Arbitration Cases 6.7% Page 20

21 Chart 13: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules involving African Investors: Of the ICSID cases involving an African investor, 25% were based on the State s consent to arbitrate or conciliate in bilateral investment treaties negotiated by the State. Forty seven percent (47%) relied on an ICSID dispute settlement provision in an investment contract between the investor and the Host State. The remaining cases invoked the State s consent to ICSID jurisdiction found in the investment law of the Host State (28%). Bilateral Investment Treaty (BIT) 25% Investment Law of the Host State 28% Investment Contract between the Investor and the Host State 47% Page 21

22 Chart 14: Distribution of Cases Registered under the ICSID Convention and Additional Facility Rules involving African Investors, by Economic Sector*: The disputes involving an African investor concerned a variety of economic sectors. Agriculture, Fishing & Forestry 10% Oil, Gas & Mining 47% Information & Communication 3% Services & Trade 3% Transportation 7% Other Industry 7% Tourism 3% Construction 10% Electric Power & Other Energy 10% * This sector classification is based on the World Bank s sector codes, available at Page 22

23 Chart 15: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules involving African Investors Outcomes: In the ICSID arbitrations involving an African investor that have been concluded, 32% were settled by the parties or discontinued before a final determination of the tribunal. The basis for settlement or discontinuance is indicated in Chart 15b. The other 68% were resolved in a final award by the tribunal. Where the tribunal rendered a final award, 34% of the awards declined jurisdiction, 13% dismissed all claims, and 53% upheld the claims in part or in full (see Chart 15a). Dispute decided by Tribunal 68% (see chart 15a) Dispute settled or proceeding otherwise discontinued 32% (see chart 15b) Page 23

24 Chart 15a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules involving African Investors Findings: Award declining jurisdiction 34% Award dismissing all claims 13% Award upholding claims in part or in full 53% Page 24

25 Chart 15b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules involving African Investors Basis: Settlement agreement embodied in an award at parties' request 1 29% Proceeding discontinued for lack of payment of the required advances 2 29% Proceeding discontinued for failure of parties to act 3 14% Proceeding discontinued at the request of both parties 4 28% 1 ICSID Arbitration Rule 43(2). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2). 2 ICSID Administrative & Financial Regulation 14(3)(d). 3 ICSID Arbitration Rule 45. No case concluded to date on the basis of Arbitration (Additional Facility) Rule ICSID Arbitration Rule 43(1). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(1). Page 25

26 6. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 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 ICSID and by the Parties (or Party appointed Arbitrators) by Geographic Region*: In approximately 72% of the appointments made in ICSID cases, the parties select the appointees (indicated in red, below). A number of such appointees are nationals of an Africa State. The remaining 28% of appointments are made by ICSID (indicated in blue, below) North America (Canada, Mexico & U.S.) 136 South America 28 Central America & the Caribbean Middle East Africa South & East Asia & the Pacific 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 until April 30, Page 26

27 Chart 17: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members from African States Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules: A number of African nationals served as arbitrators, conciliators or ad hoc Committee members in ICSID cases. In total, about 5% of all appointments made in ICSID cases involved nationals from an African State. Cabo Verde Cameroon Central African Republic South Africa Sudan U.K./Ghana State of Nationality of Appointee Benin Gabon Ghana Madagascar Malalwi Mauritius/French Togo Algeria Nigeria 4 4 Senegal Somalia 7 7 Morocco 11 Egypt Number of Appointments Page 27

28 ANNEX 1 African States and ICSID Membership (as of April 30, 2016) DATE OF SIGNATURE OF ICSID CONVENTION DATE OF ENTRY INTO FORCE OF ICSID CONVENTION Algeria Apr. 17, 1995 Mar. 22, 1996 Angola Benin Sep. 10, 1965 Oct. 14, 1966 Botswana Jan.15, 1970 Feb. 14, 1970 Burkina Faso Sep. 16, 1965 Oct. 14, 1966 Burundi Feb. 17, 1967 Dec. 5, 1969 Cabo Verde Dec. 20, 2010 Jan. 26, 2011 Cameroon Sep. 23, 1965 Feb. 2, 1967 Central African Republic Aug. 26, 1965 Oct. 14, 1966 Chad May 12, 1966 Oct. 14, 1966 Comoros Sep. 26, 1978 Dec. 7, 1978 Congo, Democratic Rep. of Oct. 29, 1968 May 29, 1970 Congo, Rep. of Dec. 27, 1965 Oct. 14, 1966 Côte d Ivoire June 30, 1965 Oct. 14, 1966 Djibouti Egypt, Arab Rep. of Feb. 11, 1972 June 2, 1972 Equatorial Guinea Eretria Ethiopia Sep. 21, 1965 Gabon Sep. 21, 1965 Oct. 14, 1966 Gambia, The Oct. 1, 1974 Jan. 26, 1975 Ghana Nov. 26, 1965 Oct. 14, 1966 Guinea Aug. 27, 1968 Dec. 4, 1968 Guinea Bissau Sep. 4, 1991 Kenya May 24, 1966 Feb. 2, 1967 Lesotho Sep. 19, 1968 Aug. 7, 1969 Liberia Sep. 3, 1965 July 16, 1970 Libya Madagascar June 1, 1966 Oct. 14, 1966 Malawi June 9, 1966 Oct. 14, 1966 Mali Apr. 9, 1976 Feb. 2, 1978 Mauritania July 30, 1965 Oct. 14, 1966 Mauritius June 2, 1969 July 2, 1969 Morocco Oct. 11, 1965 June 10, 1967 Mozambique Apr. 4, 1995 July 7, 1995 Page 28

29 DATE OF SIGNATURE OF ICSID CONVENTION DATE OF ENTRY INTO FORCE OF ICSID CONVENTION Namibia Oct. 26, 1998 Niger Aug. 23, 1965 Dec. 14, 1966 Nigeria July 13, 1965 Oct. 14, 1966 Rwanda Apr. 21, 1978 Nov. 14, 1979 São Tomé and Principe Oct. 1, 1999 June 13, 2013 Senegal Sep. 26, 1966 May 21, 1967 Seychelles Feb. 16, 1978 Apr. 19, 1978 Sierra Leone Sep. 27, 1965 Oct. 14, 1966 Somalia Sep. 27, 1965 Mar. 30, 1968 South Africa South Sudan Apr. 18, 2012 May 18, 2012 Sudan Mar. 15, 1967 May 9, 1973 Swaziland Nov. 3, 1970 July 14, 1971 Tanzania Jan. 10, 1992 June 17, 1992 Togo Jan. 24, 1966 Sep. 10, 1967 Tunisia May 5, 1965 Oct. 14, 1966 Uganda June 7, 1966 Oct. 14, 1966 Western Sahara Zambia June 17, 1970 July 17, 1970 Zimbabwe Mar. 25, 1991 June 19, 1994 Page 29

30 ANNEX 2 List of ICSID Cases involving State Parties from Africa (as of April 30, 2016) Case No. Claimant(s) Respondent 1. ARB/72/1 Holiday Inns S.A. and others v. Morocco 2. ARB/74/1 Adriano Gardella S.p.A. v. Côte d'ivoire 3. ARB/76/1 Gabon v. Société Serete S.A. 4. ARB/77/1 AGIP S.p.A. v. People's Republic of the Congo 5. ARB/77/2 S.A.R.L. Benvenuti & Bonfant v. People's Republic of the Congo 6. ARB/78/1 Guadalupe Gas Products Corporation 7. ARB/81/2 Klöckner Industrie Anlagen GmbH and others 8. CONC/82/1 SEDITEX Engineering Beratungsgesellschaft für die Textilindustrie m.b.h. 9. ARB/82/1 Société Ouest Africaine des Bétons Industriels v. Nigeria v. United Republic of Cameroon and Société Camerounaise des Engrais v. Democratic Republic of Madagascar v. Republic of Senegal 10. ARB/83/2 Liberian Eastern Timber v. Republic of Liberia Corporation 11. ARB/84/1 Atlantic Triton Company Limited v. People's Revolutionary Republic of Guinea 12. ARB/84/3 Southern Pacific Properties (Middle East) Limited v. Arab Republic of Egypt 13. ARB/84/4 Maritime International Nominees Establishment v. Republic of Guinea 14. ARB/86/1 Ghaith R. Pharaon v. Republic of Tunisia 15. ARB/87/1 Société d'etudes de Travaux et de Gestion SETIMEG S.A. 16. ARB/89/1 Manufacturers Hanover Trust Company v. Republic of Gabon v. Arab Republic of Egypt and General Authority for Investment and Free Zones Page 30

31 Case No. Claimant(s) Respondent 17. ARB/92/1 Vacuum Salt Products Ltd. v. Republic of Ghana 18. ARB/93/1 American Manufacturing & Trading, Inc. 19. CONC/94/1 SEDITEX Engineering Beratungsgesellschaft für die Textilindustrie m.b.h. v. Democratic Republic of the Congo v. Madagascar 20. ARB/95/3 Antoine Goetz and others v. Republic of Burundi 21. ARB/97/1 Société d'investigation de v. Burkina Faso Recherche et d'exploitation Minière 22. ARB/97/2 Société Kufpec (Congo) Limited v. Republic of Congo 23. ARB/97/8 Compagnie Française pour le v. Côte d'ivoire Développement des Fibres Textiles 24. ARB/98/3 International Trust Company of v. Republic of Liberia Liberia 25. ARB/98/4 Wena Hotels Limited v. Arab Republic of Egypt 26. ARB/98/7 Banro American Resources, Inc. and Société Aurifère du Kivu et du Maniema S.A.R.L. v. Democratic Republic of the Congo 27. ARB/98/8 Tanzania Electric Supply Company Limited v. Independent Power Tanzania Limited 28. ARB/99/5 Alimenta S.A. v. Republic of The Gambia 29. ARB/99/6 Middle East Cement Shipping and Handling Co. S.A. v. Arab Republic of Egypt 30. ARB/99/7 Patrick Mitchell v. Democratic Republic of the Congo 31. ARB/00/4 Salini Construttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco 32. ARB/00/6 Consortium R.F.C.C. v. Kingdom of Morocco 33. ARB/00/7 World Duty Free Company Limited v. Republic of Kenya Page 31

32 Case No. Claimant(s) Respondent 34. ARB/00/8 Ridgepointe Overseas Developments, Ltd. v. Democratic Republic of the Congo and Générale des Carrières et des Mines 35. ARB/01/2 Antoine Goetz & others v. Republic of Burundi 36. ARB/01/5 Société d'exploitation des Mines v. Republic of Mali d'or de Sadiola S.A. 37. ARB/02/4 Lafarge v. Republic of Cameroon 38. ARB/02/9 Champion Trading Company and Ameritrade International, Inc. v. Arab Republic of Egypt 39. ARB/02/14 CDC Group plc v. Republic of the Seychelles 40. ARB/02/15 Ahmonseto, Inc. and others v. Arab Republic of Egypt 41. ARB/03/8 Consortium Groupement L.E.S.I. DIPENTA v. People's Democratic Republic of Algeria 42. ARB/03/11 Joy Mining Machinery Limited v. Arab Republic of Egypt 43. ARB/03/14 Miminco LLC and others v. Democratic Republic of the Congo 44. CONC/03/1 TG World Petroleum Limited v. Republic of Niger 45. ARB/04/5 Compagnie d'exploitation du Chemin de Fer Transgabonais 46. ARB/04/11 Russell Resources International Limited and others v. Gabonese Republic v. Democratic Republic of the Congo 47. ARB/04/12 ABCI Investments Limited v. Republic of Tunisia 48. ARB/04/13 Jan de Nul N.V. and Dredging International N.V. v. Arab Republic of Egypt 49. ARB/05/3 LESI, S.p.A. and Astaldi, S.p.A. v. People's Democratic Republic of Algeria 50. ARB/05/6 Bernardus Henricus Funnekotter v. Republic of Zimbabwe and others 51. CONC/05/1 Togo Electricité v. Republic of Togo 52. ARB/05/15 Waguih Elie George Siag and Clorinda Vecci v. Arab Republic of Egypt Page 32

33 Case No. Claimant(s) Respondent 53. ARB/05/19 Helnan International Hotels A/S v. Arab Republic of Egypt 54. ARB/05/21 African Holding Company of America, Inc. and Société Africaine de Construction au Congo S.A.R.L. v. Democratic Republic of the Congo 55. ARB/05/22 Biwater Gauff (Tanzania) Limited v. United Republic of Tanzania 56. ARB/06/7 Togo Electricité and GDF Suez Energie Services v. Republic of Togo 57. ARB/06/12 Scancem International ANS v. Republic of Congo 58. ARB(AF)/07/1 Piero Foresti, Laura de Carli and v. Republic of South Africa others 59. ARB/07/2 RSM Production Corporation v. Central African Republic 60. ARB/07/10 M. Meerapfel Söhne AG v. Central African Republic 61. ARB/07/18 Shell Nigeria Ultra Deep Limited v. Federal Republic of Nigeria 62. CONC/07/1 Shareholders of SESAM v. Central African Republic 63. ARB/07/24 Gustav FW Hamester GmbH & Co v. Republic of Ghana KG 64. ARB/08/17 Participaciones Inversiones v. Gabonese Republic Portuarias SARL 65. ARB/08/18 Malicorp Limited v. Arab Republic of Egypt 66. ARB/08/20 Millicom International Operations B.V. and Sentel GSM S.A. v. Republic of Senegal 67. ARB/09/14 Mærsk Olie, Algeriet A/S v. People's Democratic Republic of Algeria 68. ARB/09/15 H&H Enterprises Investments, Inc. 69. ARB/09/19 Carnegie Minerals (Gambia) Limited 70. ARB/10/4 Antoine Abou Lahoud and Leila Bounafeh Abou Lahoud v. Arab Republic of Egypt v. Republic of The Gambia v. Democratic Republic of the Congo 71. ARB/10/10 Olyana Holdings LLC v. Republic of Rwanda Page 33

34 Case No. Claimant(s) Respondent 72. ARB/10/12 Standard Chartered Bank v. United Republic of Tanzania 73. ARB/10/15 Bernhard von Pezold and others v. Republic of Zimbabwe 74. ARB/10/20 Standard Chartered Bank (Hong Kong) Limited 75. ARB/10/21 International Quantum Resources Limited, Frontier SPRL and Compagnie Minière de Sakania SPRL 76. ARB/10/25 Border Timbers Limited, Timber Products International (Private) Limited, and Hangani Development Co. (Private) Limited 77. ARB/11/6 Bawabet Al Kuwait Holding Company v. Tanzania Electric Supply Company Limited v. Democratic Republic of the Congo v. Republic of Zimbabwe v. Arab Republic of Egypt 78. ARB/11/7 National Gas S.A.E. v. Arab Republic of Egypt 79. ARB/11/11 AHS Niger and Menzies Middle East and Africa S.A. v. Republic of Niger 80. ARB/11/14 Diamond Fields Liberia, Inc. v. Republic of Liberia 81. ARB/11/16 Hussain Sajwani, Damac Park Avenue for Real Estate Development S.A.E., and Damac Gamsha Bay for Development S.A.E. v. Arab Republic of Egypt 82. CONC/11/1 RSM Production Corporation v. Republic of Cameroon 83. ARB/11/29 Getma International and others v. Republic of Guinea 84. ARB/11/32 Indorama International Finance Limited 85. ARB(AF)/12/2 Grupo Francisco Hernando Contreras 86. ARB/12/8 Société Industrielle des Boissons de Guinée 87. CONC(AF)/12/1 Hess Equatorial Guinea, Inc. and Tullow Equatorial Guinea Limited v. Arab Republic of Egypt v. Republic of Equatorial Guinea v. Republic of Guinea v. Republic of Equatorial Guinea Page 34

35 Case No. Claimant(s) Respondent 88. ARB/12/11 Ampal American Israel Corporation and others v. Arab Republic of Egypt 89. ARB/12/15 Veolia Propreté v. Arab Republic of Egypt 90. CONC(AF)/12/2 Republic of Equatorial Guinea v. CMS Energy Corporation and others 91. ARB/12/26 Sudapet Company Limited v. Republic of South Sudan 92. ARB/12/30 Lundin Tunisia B. V. v. Republic of Tunisia 93. ARB/12/32 Gelsenwasser AG v. People's Democratic Republic of Algeria 94. ARB/12/34 Tullow Uganda Operations PTY LTD v. Republic of Uganda 95. ARB/12/35 Orascom TMT Investments S.à r.l. v. People's Democratic Republic of Algeria 96. ARB/12/36 Société Civile Immobilière de Gaëta v. Republic of Guinea 97. ARB/13/3 Ossama Al Sharif v. Arab Republic of Egypt 98. ARB/13/4 Ossama Al Sharif v. Arab Republic of Egypt 99. ARB/13/5 Ossama Al Sharif v. Arab Republic of Egypt 100. ARB/13/7 Joseph Houben v. Republic of Burundi 101. ARB/13/14 RSM Production Company v. Republic of Cameroon 102. ARB/13/15 Lundin Tunisia B.V. v. Republic of Tunisia 103. ARB/13/16 Société des Mines de Loulo S.A. v. Republic of Mali 104. ARB/13/20 Interocean Oil Development v. Federal Republic of Nigeria Company and Interocean Oil Exploration Company 105. ARB/13/23 ASA International S.p.A. v. Arab Republic of Egypt 106. ARB/13/25 Tullow Uganda Operations Pty Ltd and Tullow Uganda Limited v. Republic of Uganda 107. ARB/13/29 Cementos La Union S.A. and Aridos Jativa S.L.U Arab Republic of Egypt Page 35

36 Case No. Claimant(s) Respondent 108. ARB/13/34 Courts (Indian Ocean) Limited and Courts Madagascar S.A.R.L. v. Republic of Madagascar 109. ARB/13/37 Utsch M.O.V.E.R.S. International v. Arab Republic of Egypt GmbH, Erich Utsch Aktiengesellschaft, and Mr. Helmut Jungbluth 110. ARB/14/2 Michael Dagher v. Republic of the Sudan 111. ARB/14/4 Unión Fenosa Gas, S.A. v. Arab Republic of Egypt 112. ARB/14/6 African Petroleum Gambia Limited (Block A1) v. Republic of The Gambia 113. ARB/14/7 African Petroleum Gambia v. Republic of The Gambia Limited (Block A4) 114. ARB(AF)/14/2 Oded Besserglik v. Republic of Mozambique 115. ARB/14/19 VICAT v. Republic of Senegal 116. ARB/14/22 BSG Resources Limited v. Republic of Guinea 117. ARB/14/23 Tamagot Bumi S.A. and Bumi Mauritania S.A. v. Islamic Republic of Mauritania 118. ARB/14/31 Tariq Bashir and SA Interpétrol v. Republic of Burundi Burundi 119. ARB/15/7 WalAm Energy Inc. v. Republic of Kenya 120. ARB/15/11 Total E&P Uganda BV v. Republic of Uganda 121. ARB/15/12 PT Ventures, SGPS, S.A. v. Republic of Cabo Verde 122. ARB/15/18 Capital Financial Holdings v. Republic of Cameroon Luxembourg S.A ARB/15/21 Menzies Middle East and Africa v. Republic of Senegal S.A. and Aviation Handling International Ltd ARB/15/29 Cortec Mining Kenya Limited, v. Republic of Kenya Cortec (Pty) Limited and Stirling Capital Limited 125. ARB(AF)/15/1 Strabag SE v. Libya 126. ARB/15/41 Standard Chartered Bank (Limited) Hong Kong v. United Republic of Tanzania Page 36

37 Case No. Claimant(s) Respondent 127. ARB/15/46 BSG Resources (Guinea) Limited and BSG Resources (Guinea) SÀRL v. Republic of Guinea 128. ARB/15/47 ArcelorMittal S.A. v. Arab Republic of Egypt 129. ARB/16/1 Al Jazeera Media Network v. Arab Republic of Egypt 130. ARB/16/2 Champion Holding Company and others 131. ARB/16/11 Société Resort Company Invest Abidjan, Stanislas Citerici and Gérard Bot Beograd v. Arab Republic of Egypt v. Côte d'ivoire Page 37