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 year 06. It is based on cases registered or administered by ICSID as of December, 06. 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 ICSIDsecretariat@worldbank.org. 07 by International Centre for Settlement of Investment Disputes. Page
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 December, 06 6. 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 : Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8. 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 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes 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 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 : 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 December, 06. The ICSID Fiscal Year covers the period July to June 0. 07 by International Centre for Settlement of Investment Disputes. Page
PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 06. New Cases Registered by ICSID in 06 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 06. Non ICSID Cases Administered by the ICSID Secretariat in 06 Chart : Number of Non ICSID Cases Administered by the ICSID Secretariat in 06. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 06 Chart : Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules. Geographic Distribution of New ICSID Cases Registered in 06, by State Party Involved 5 Chart : Geographic Distribution of New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules, by State Party Involved 5 Chart 5: Geographic Distribution of New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details 6 5. Distribution of New ICSID Cases Registered in 06, by Economic Sector 7 Chart 6: Distribution of New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules, by Economic Sector 7 6. ICSID Arbitration Proceedings Concluded in 06 Outcomes 8 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 06 Outcomes 8 Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 06 Tribunal Rulings, Settlement & Discontinuances 9 Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 06 Findings 0 Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 06 Basis 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 06 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 06 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 06 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 Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 06 in Cases Registered under the ICSID Convention and Additional Facility Rules 07 by International Centre for Settlement of Investment Disputes. Page
PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID 07 by International Centre for Settlement of Investment Disputes. Page 5
. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December, 06 07 by International Centre for Settlement of Investment Disputes. Page 6
. Cases Registered by ICSID Chart : Total Number of ICSID Cases Registered, by Calendar Year: 60 50 50 5 8 0 7 8 0 8 0 0 0 0 0 0 9 7 7 97 97 97 975 976 977 978 979 980 98 98 98 98 985 986 987 988 989 990 99 99 99 99 995 996 997 998 999 000 00 00 00 00 005 006 007 008 009 00 0 0 0 0 05 06 5 6 Cases Registered under the ICSID Convention and Additional Facility Rules As of December, 06, ICSID had registered 597 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 0 0 0 0 5 8 6 50 0 8 0 5 5 8 0 8 8 8 9 97 97 97 975 976 977 978 979 980 98 98 98 98 985 986 987 988 989 990 99 99 99 99 995 996 997 998 999 000 00 00 00 00 005 006 007 008 009 00 0 0 0 0 05 06 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Conciliation Cases Chart : Type of Cases Registered under the ICSID Convention and Additional Facility Rules: ICSID Convention Arbitration Cases 5 (89.5%) ICSID Convention Conciliation Cases 8 (.%) ICSID Additional Facility Arbitration Cases 5 (8.9%) ICSID Additional Facility Conciliation Cases (0.%) 07 by International Centre for Settlement of Investment Disputes. Page 8
. 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: 0 8 6 0 7 6 6 5 0 9 7 7 FY008 FY009 FY00 FY0 FY0 FY0 FY0 FY05 FY06 July Dec., Investor State UNCITRAL Arbitrations Other Cases 06 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 or 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 and Additional Facility Rules: Oman U.S. Free Trade Agreement (Oman U.S. FTA) 0.% North American Free Trade Agreement (NAFTA).0% Canada Peru Free Trade Agreement (Canada Peru FTA) 0.% Energy Charter Treaty (ECT) 9.5% Central America Panama Free Trade Agreement 0.% Colombia Mexico Free Trade Agreement (Colombia Mexico FTA) 0.% U.S. Panama Trade Promotion Agreement (U.S. Panama TPA) 0.% Canada Colombia Free Trade Agreement (Canada Colombia FTA) 0.% ASEAN Agreement for the Promotion and Protection of Investments 0.% Investment Law of the Host State 9.5% Investment Contract between the Investor and the Host State 6.7% Bilateral Investment Treaty (BIT) 59.8% Dominican Republic United States Central America Free Trade Agreement (DR CAFTA) 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 State Party Involved*: North America (Canada, Mexico & U.S.) 5% Eastern Europe & Central Asia 5% Central America & the Caribbean 6% Western Europe 7% South America % Sub Saharan Africa 5% South & East Asia & the Pacific 8% Middle East & North Africa 0% * 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:8069~thesitepk:697,00.html, 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 Economic Sector*: Information & Communication 6% Agriculture, Fishing & Forestry % Oil, Gas & Mining 5% Finance 7% Services & Trade % Transportation 9% Electric Power & Other Energy 7% Other Industry % Tourism % Construction 7% Water, Sanitation & Flood Protection 5% * This sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 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 Tribunal 6% (see charts 8a and 8b) Dispute settled or proceeding otherwise discontinued 6% (see charts 8a and 8c) 07 by International Centre for Settlement of Investment Disputes. Page
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.% Proceeding discontinued at the request of both parties 7.% Proceeding discontinued at the request of one party 9.% Award dismissing all claims 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 0.5% Proceeding discontinued for failure of parties to act.0% Proceeding discontinued at the Initiative of the Tribunal 0.% Proceeding discontinued for lack of payment of the required advances.9% Dispute decided by Tribunal (6%) Dispute settled or proceeding otherwise discontinued (6%) 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 9% Award deciding that the claims are manifestly without legal merit* % Award upholding claims in part or in full 5% * 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 5% Settlement agreement embodied in an award at parties' request 5% Proceeding discontinued at the Initiative of the Tribunal % Proceeding discontinued for lack of payment of the required advances 8% Proceeding discontinued at the request of both parties 6 8% Proceeding discontinued for failure of parties to act 5 % ICSID Arbitration Rule. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule () and Arbitration (Additional Facility) Rule 9(). In accordance with Article of the ICSID Convention. ICSID Administrative & Financial Regulation ()(d). 5 ICSID Arbitration Rule 5 and Arbitration (Additional Facility) Rule 5. 6 ICSID Arbitration Rule () 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: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Commission Reports: Report recording failure of the Parties to reach agreement 8% Report recording agreement of the Parties 7% 07 by International Centre for Settlement of Investment Disputes. Page 7
8. Annulment Proceedings under the ICSID Convention Outcomes Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade: 0 0 00 96 80 60 0 0 0 5 8 9 0 0 0 0 0 8 5 97 980 98 990 99 000 00 00 0 7 Number of Convention awards rendered Number of decisions annulling the award in part or in full Number of decisions rejecting the application for annulment 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 Convention and Additional Facility Rules Distribution of Appointments by Geographic Region*: Middle East & North Africa % Central America & the Caribbean % Sub Saharan Africa % South & East Asia & the Pacific % Eastern Europe & Central Asia % South America % 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.worldbank.org/wbsite/external/countries/0,,pagepk:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December, 06. 07 by International Centre for Settlement of Investment Disputes. Page 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 ICSID and by the Parties (or Party appointed Arbitrators) by Geographic Region*: 800 700 69 600 500 00 5 00 50 00 5 00 69 58 8 0 9 0 9 0 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) * The geographical classification is based on the World Bank s regions as set forth at http://web.worldbank.org/wbsite/external/countries/0,,pagepk:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December, 06. 07 by International Centre for Settlement of Investment Disputes. Page 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: State of Nationality of Appointee United States of America/Canada United Kingdom/Uganda United Kingdom/Ghana Sudan Sri Lanka Slovenia Paraguay Pakistan/United States of America Norway New Zealand/United Kingdom Luxembourg Lebanon/Chile Japan Israel/Switzerland Ireland/United States of America Dominica Croatia Chile/United States of America Central African Republic Canada/Switzerland Cameroon Cabo Verde Australia/Germany South Africa Portugal Malawi Madagascar Lebanon Jordan Ghana Gabon France/Mauritius Czech Republic Benin Togo Serbia Jamaica Israel Ireland/Germany Honduras Canada/Lebanon Barbados Argentina/United States of America United States of America/France Switzerland/Ireland Iran, Islamic Rep. of Cyprus Australia/Ireland Algeria Nigeria Guyana Korea, Rep.of India Thailand Somalia Senegal Peru Germany/Austria Ecuador Iran, Islamic Rep. of/france France/Switzerland Colombia/France Venezuela Uruguay Switzerland/Brazil Slovak Republic Guatemala Greece Denmark Pakistan Philippines Morocco Lebanon/France China Malaysia Finland Canada/United Kingdom Bangladesh Singapore Brazil Argentina/Spain Canada/New Zealand Austria United States of America/Switzerland United Kingdom/France Bulgaria France/Sweden/Bahrain Sweden Costa Rica Egypt, Arab Rep. of Colombia Argentina New Zealand Netherlands Belgium Chile Italy Mexico Germany Australia Spain Switzerland Canada United Kingdom United States of America France 5 5 6 6 7 7 7 7 7 7 8 8 8 9 9 9 9 9 9 9 0 6 7 8 0 6 9 6 6 9 5 5 5 7 8 9 08 7 0 50 00 50 00 50 76 99 0 Page 07 by International Centre for Settlement of Investment Disputes. Number of Appointments
PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 06 07 by International Centre for Settlement of Investment Disputes. Page
. New Cases Registered by ICSID in 06 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 06: 5 0 5 0 5 0 5 0 5 0 5 ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases. Non ICSID Cases Administered by the ICSID Secretariat in 06 Chart : Number of Non ICSID Cases Administered by the ICSID Secretariat in 06: 9 8 7 6 5 0 8 Investor State UNCITRAL Arbitrations Other Cases 07 by International Centre for Settlement of Investment Disputes. Page
. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 06 Chart : Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules: U.S. Panama Trade Promotion Agreement (U.S. Panama TPA) % Canada Colombia Free Trade Agreement (Canada Colombia FTA) % Colombia Mexico Free Trade Agreement (Colombia Mexico FTA) % Energy Charter Treaty (ECT) 8% Bilateral Investment Treaty (BIT) 57% North American Free Trade Agreement (NAFTA) % Investment Law of the Host State 9% Investment Contract between the Investor and the Host State % 07 by International Centre for Settlement of Investment Disputes. Page
. Geographic Distribution of New ICSID Cases Registered in 06, by State Party Involved Chart : Geographic Distribution of New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: Eastern Europe & Central Asia % North America (Canada, Mexico & U.S.) 6% Central America & the Caribbean 6% Western Europe 5% South America 7% Sub Saharan Africa 6% 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.worldbank.org/wbsite/external/countries/0,,pagepk:8069~thesitepk:697,00.html, and also includes World Bank donor countries. 07 by International Centre for Settlement of Investment Disputes. Page 5
Chart 5: Geographic Distribution of New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details*: 6 Albania, Bosnia and Herzegovina, Bulgaria, Croatia, 0 Hungary, 8 Kazakhstan, Latvia, 6 Greece, Italy, Lithuania, Moldova, Krygyz Republic, Romania, Egypt, Argentina, Peru, Uruguay, Lao PDR, Spain, Serbia, Turkmenistan, Lebanon, Côte d'ivoire, Ghana, Venezuela, Canada, Mexico, Indonesia, Philippiines, Panama, 0 Ukraine, Western Europe Eastern Europe & Central Asia Oman, Middle East & North Africa Mauritius, Sub Saharan Africa South America U.S., Sri Lanka, North America South & East Asia Central America (Canada, Mexico & U.S.) & the Pacific & the Caribbean * 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. 07 by International Centre for Settlement of Investment Disputes. Page 6
5. Distribution of New ICSID Cases Registered in 06, by Economic Sector Chart 6: Distribution of New Cases Registered in 06 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: Services & Trade % Finance % Information & Communication 8% Agriculture, Fishing & Forestry 6% Transportation 6% Oil, Gas & Mining % Other Industry % Tourism 8% Construction % Electric Power & Other Energy % * The sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 07 by International Centre for Settlement of Investment Disputes. Page 7
6. ICSID Arbitration Proceedings Concluded in 06 Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 06 Outcomes: Dispute decided by Tribunal 68% (see charts 7a and 7b) Dispute settled or proceeding otherwise discontinued % (see charts 7a and 7c) 07 by International Centre for Settlement of Investment Disputes. Page 8
Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 06 Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in full 0% Proceeding discontinued at the request of both parties 8% Award dismissing all claims 7% Award declining jurisdiction % Proceeding discontinued for failure of parties to act % Proceeding discontinued at the request of one party 5% Settlement agreement embodied in an award at parties' request 5% Proceeding discontinued for lack of payment of the required advances % Dispute decided by Tribunal (68%) Dispute settled or proceeding otherwise discontinued (%) 07 by International Centre for Settlement of Investment Disputes. Page 9
Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 06 Findings: Award dismissing all claims 0% Award declining jurisdiction 7% Award upholding claims in part or in full % 07 by International Centre for Settlement of Investment Disputes. Page 0
Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 06 Basis: Proceeding discontinued at the request of one party 5% Settlement agreement embodied in an award at parties' request % Proceeding discontinued for lack of payment of the required advances 7% Proceeding discontinued for failure of parties to act 7% Proceeding discontinued at the request of both parties 5 57% ICSID Arbitration Rule. No case concluded on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule (). No case concluded on the basis of Arbitration (Additional Facility) Rule 9(). ICSID Administrative and Financial Regulations ()(d). ICSID Arbitration Rule 5. No case concluded on the bais of rbitration (Additional Facility) Rule 5. 5 ICSID Arbitration Rule (). No case concluded on the basis of Arbitration (Additional Facility) Rule 9(). 07 by International Centre for Settlement of Investment Disputes. Page
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 06 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 06 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.) 8% South & East Asia & the Pacific 9% Eastern Europe & Central Asia % Western Europe % * 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 06. 07 by International Centre for Settlement of Investment Disputes. Page
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 06 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*: 60 55 50 0 0 0 8 7 0 7 0 North America (Canada, Mexico & U.S.) South America Central America & the Caribbean Middle East & North Africa Sub Saharan Africa South & East Asia & the Pacific 0 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 http://web.worldbank.org/wbsite/external/countries/0,,pagepk:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 06. 07 by International Centre for Settlement of Investment Disputes. Page
Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 06 in Cases Registered under the ICSID Convention and Additional Facility Rules: State of Nationality of Appointee Zambia United States of America/Switzerland United Kingdom/Uganda Switzerland/Brazil Switzerland South Africa Singapore Pakistan Nigeria New Zealand/United Kingdom Netherlands Mexico Egypt Brazil Bangladesh Austria Australia/Ireland Australia/Germany Argentina/Spain Sweden New Zealand Korea, Rep.of Finland China Canada/Lebanon Bulgaria Argentina/United States of America United Kingdom/France Malaysia Italy Ireland/Germany France/Switzerland Costa Rica Canada/New Zealand Belgium Chile Colombia Spain Germany Argentina Canada United States of America France Australia United Kingdom 5 6 7 7 0 5 0 5 0 Number of Appointments 0 8 07 by International Centre for Settlement of Investment Disputes. Page