THE ICSID CASELOAD STATISTICS (ISSUE 08-)
The ICSID Caseload Statistics (Issue 08-) This issue of the ICSID Caseload Statistics updates the profile of the ICSID caseload, historically and for the calendar year 07. It is based on cases registered or administered by ICSID as of December, 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 email at ICSIDsecretariat@worldbank.org. 08 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 January, 08 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 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 : 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, 07. The ICSID Fiscal Year covers the period July to June 0. 08 by International Centre for Settlement of Investment Disputes. Page
PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 07. New Cases Registered by ICSID in 07 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 07. Non-ICSID Cases Administered by the ICSID Secretariat in 07 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat in 07. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 07 5 Chart : Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules 5. Geographic Distribution of New ICSID Cases Registered in 07, by State Party Involved 6 Chart : Geographic Distribution of New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules, by State Party Involved 6 Chart 5: Geographic Distribution of New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details 7 5. Distribution of New ICSID Cases Registered in 07, by Economic Sector 8 Chart 6: Distribution of New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules, by Economic Sector 8 6. ICSID Arbitration Proceedings Concluded in 07 Outcomes 9 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 07 Outcomes 9 Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 07 Tribunal Rulings, Settlement & Discontinuances 0 Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 07 Findings Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 07 Basis 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 07 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 07 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 07 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 07 in Cases Registered under the ICSID Convention and Additional Facility Rules 5 08 by International Centre for Settlement of Investment Disputes. Page
PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID 08 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 January, 08 08 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 5 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 07 5 6 Cases Registered under the ICSID Convention and Additional Facility Rules As of December, 07, ICSID had registered 650 cases under the ICSID Convention and Additional Facility Rules. 08 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 6 50 9 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 07 8 5 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 58 (89.7%) ICSID Convention Conciliation Cases 8 (.%) ICSID Additional Facility Arbitration Cases 57 (8.8%) ICSID Additional Facility Conciliation Cases (0.%) 08 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: 6 0 8 6 0 6 6 5 FY009 FY00 FY0 FY0 FY0 FY0 FY05 FY06 FY07 July - Dec., 07 Investor-State UNCITRAL Arbitrations 0 9 Other Cases 7 5 9 5 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. 08 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: Energy Charter Treaty 9.% Other Treaties*.% North American Free Trade Agreement.8% Investment Law of the Host-State 9.% Investment Contract between the Investor and the Host-State 6% Dominican Republic-United States-Central America Free Trade Agreement 0.8% Bilateral Investment Treaty 60.6% * Other Treaties refers to the Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference; ASEAN Agreement for the Promotion and Protection of Investments; Canada-Colombia Free Trade Agreement; Canada-Peru Free Trade Agreement; Central America-Panama Free Trade Agreement; Chile-Colombia Free Trade Agreement; Colombia-Mexico Free Trade Agreement; U.S.-Panama Trade Promotion Agreement; and the Oman-U.S. Free Trade Agreement. 08 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.) % Eastern Europe & Central Asia 6% Central America & the Caribbean 6% Western Europe 8% South America % Sub-Saharan Africa 5% South & East Asia & the Pacific 7% 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. 08 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 % Finance 7% Services & Trade % Electric Power & Other Energy 7% Transportation 9% Other Industry % Tourism % Construction 8% 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. 08 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 66% (see charts 8a and 8b) Dispute settled or proceeding otherwise discontinued % (see charts 8a and 8c) 08 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.% Proceeding discontinued at the request of both parties 6.% Proceeding discontinued at the request of one party 9.% Award dismissing all claims 7.% Settlement agreement embodied in an award at parties' request.9% Award declining jurisdiction 6.6% Proceeding discontinued at the initiative of the Tribunal 0.% Award deciding that the claims are manifestly without legal merit 0.7% Proceeding discontinued for failure of parties to act.% Proceeding discontinued for lack of payment of the required advances.9% Dispute decided by Tribunal (66%) Dispute settled or proceeding otherwise discontinued (%) 08 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 6% Award deciding that the claims are manifestly without legal merit* % Award upholding claims in part or in full 8% * 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. 08 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 agreement embodied in an award at parties' request % Proceeding discontinued at the Initiative of the Tribunal % Proceeding discontinued for lack of payment of the required advances 8% Proceeding discontinued for failure of parties to act 5 % 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 () 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(). 08 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% 08 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: 60 5 0 0 00 96 80 60 0 7 0 0 8 9 0 0 0 0 0 8 5 5 97-980 98-990 99-000 00-00 0-8 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 08 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 % Sub-Saharan Africa % South & East Asia & the Pacific % Eastern Europe & Central Asia % Central America & the Caribbean % 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.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, 07. 08 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*: 900 800 76 700 600 500 00 85 00 77 00 6 6 00 77 6 6 50 6 98 6 0 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, 07. 08 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: Zambia United States of America/Canada United States of America/United Kingdom United Kingdom/Uganda United Kingdom/Nigeria United Kingdom/Ghana Sudan Sri Lanka Slovenia Pakistan/United States of America Norway Luxembourg Japan Israel/Switzerland Ireland/United States of America France/Syria Dominican Republic Dominica Croatia Chile/United States of America Central African Republic Canada/Switzerland Cameroon Cabo Verde Australia/Germany Czechoslovakia South Africa Portugal Paraguay Malawi Madagascar Lebanon/Chile Lebanon Jordan Ghana Gabon France/Mauritius Benin Bahamas Czech Republic Togo Serbia New Zealand/United Kingdom Jamaica Israel Honduras Barbados Switzerland/Ireland Iran, Islamic Rep. of Cyprus Canada/Lebanon Australia/Ireland Argentina/United States of America Algeria United States of America/France Guyana Ireland/Germany State of Nationality of Appointee 5 5 6 0 50 00 50 00 50 Number of Appointments Page 08 by International Centre for Settlement of Investment Disputes.
India Thailand Senegal Nigeria Korea, Rep.of Ecuador Somalia Iran, Islamic Rep. of/france Germany/Austria Colombia/France Venezuela Uruguay Guatemala Greece France/Switzerland Denmark Peru Switzerland/Brazil Slovak Republic Pakistan Philippines Lebanon/France Morocco Malaysia Finland Canada/United Kingdom Bangladesh China Argentina/Spain Brazil Singapore United States of America/Switzerland Canada/New Zealand United Kingdom/France Austria France/Sweden Sweden Bulgaria Costa Rica Egypt, Arab Rep. of Colombia Netherlands Argentina New Zealand Chile Belgium Italy Mexico Germany Australia Spain Switzerland Canada United Kingdom United States of America France State of Nationality of Appointee 6 7 7 7 7 7 8 8 8 8 9 9 9 9 9 9 0 0 0 5 6 8 9 7 8 6 5 5 55 59 60 8 9 0 8 9 7 0 50 00 50 00 50 Number of Appointments Page 08 by International Centre for Settlement of Investment Disputes.
PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 07 08 by International Centre for Settlement of Investment Disputes. Page
. New Cases Registered by ICSID in 07 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 07: 60 50 9 0 0 0 0 0 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases. Non-ICSID Cases Administered by the ICSID Secretariat in 07 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat in 07: 9 8 7 6 5 0 8 5 Investor-State UNCITRAL Arbitrations Other Cases 08 by International Centre for Settlement of Investment Disputes. Page
. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 07 Chart : Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules: Energy Charter Treaty 7% Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference % Chile-Colombia Free Trade Agreement % North American Free Trade Agreement % Bilateral Investment Treaty 69% Investment Law of the Host-State 7% Investment Contract between the Investor and the Host-State 0% Dominican Republic-United States-Central America Free Trade Agreement % 08 by International Centre for Settlement of Investment Disputes. Page 5
. Geographic Distribution of New ICSID Cases Registered in 07, by State Party Involved Chart : Geographic Distribution of New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: Eastern Europe & Central Asia 6% North America (Canada, Mexico & U.S.) % Western Europe 9% Central America & the Caribbean % Sub-Saharan Africa 5% South America % South & East Asia & the Pacific % Middle East & North Africa 5% * 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. 08 by International Centre for Settlement of Investment Disputes. Page 6
Chart 5: Geographic Distribution of New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details*: 0 8 Albania, Armenia, 6 Croatia, Czech Republic, Georgia, 0 Hungary, 8 Kazakhstan, Kosovo, Algeria, Côte d'ivoire, 6 0 Belgium, Greece, Italy, Spain, Latvia, Macedonia, FYR, Montenegro, Serbia, Turkmenistan, Uzbekistan, Western Europe Eastern Europe & Central Asia Egypt, Iraq, Kuwait, Saudi Arabia, UAE, Middle East & North Africa Gambia, Madagascar, Mozambique, Tanzania, Sub-Saharan Africa Argentina, Chile, Peru, Venezuela, South America Mexico, North America (Canada, Mexico & U.S.) China, Papua New Guinea, South & East Asia & the Pacific Grenada, Nicaragua, Panama, Central America & 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. 08 by International Centre for Settlement of Investment Disputes. Page 7
5. Distribution of New ICSID Cases Registered in 07, by Economic Sector Chart 6: Distribution of New Cases Registered in 07 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: Services & Trade % Finance 5% Information & Communication 8% Transportation 9% Agriculture, Fishing & Forestry % Oil, Gas & Mining % Other Industry 7% Electric Power & Other Energy % Tourism 6% Construction % Water, Sanitation & Flood Protection % * The sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 08 by International Centre for Settlement of Investment Disputes. Page 8
6. ICSID Arbitration Proceedings Concluded in 07 Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 07 Outcomes: Dispute decided by Tribunal 78% (see charts 7a and 7b) Dispute settled or proceeding otherwise discontinued % (see charts 7a and 7c) 08 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 07 Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in full 7.% Proceeding discontinued at the request of both parties 5.6% Award dismissing all claims 5.6% Proceeding discontinued at the request of one party % Award declining jurisdiction.% Proceeding discontinued for lack of payment of the required advances.8% Award deciding that the claims are manifestly without legal merit.8% Proceeding discontinued for failure of parties to act.8% Dispute decided by Tribunal (78%) Dispute settled or proceeding otherwise discontinued (%) 08 by International Centre for Settlement of Investment Disputes. Page 0
Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 07 Findings: Award declining jurisdiction 9% Award dismissing all claims 7% 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. 08 by International Centre for Settlement of Investment Disputes. Page
Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 07 Basis: Proceeding discontinued at the request of one party 50% Proceeding discontinued for lack of payment of the required advances % Proceeding discontinued for failure of parties to act % Proceeding discontinued at the request of both parties 5% ICSID Arbitration Rule. No case concluded on the basis of Arbitration (Additional Facility) Rule 50. ICSID Administrative and Financial Regulations ()(d). ICSID Arbitration Rule 5. No case concluded on the bais of rbitration (Additional Facility) Rule 5. ICSID Arbitration Rule (). No case concluded on the basis of Arbitration (Additional Facility) Rule 9(). 08 by International Centre for Settlement of Investment Disputes. Page
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 07 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 07 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region*: Central America & the Caribbean 5% Middle East & North Africa 5% Sub-Saharan Africa 5% South America 7% South & East Asia & the Pacific % North America (Canada, Mexico & U.S.) % Eastern Europe & Central Asia % Western Europe 7% * 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 07. 08 by International Centre for Settlement of Investment Disputes. Page
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 07 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*: 80 70 68 60 50 0 0 7 0 0 8 8 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 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 07. 08 by International Centre for Settlement of Investment Disputes. Page
Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 07 in Cases Registered under the ICSID Convention and Additional Facility Rules: State of Nationality of Appointee United States of America/United Kingdom United States of America/France United Kingdom/Nigeria United Kingdom/France Switzerland/Brazil Sweden Somalia Slovak Republic Paraguay Pakistan Netherlands Morocco Korea, Rep. of Germany/Austria France/Syria France/Switzerland France/Sweden Dominican Republic Czech Republic Canada/Lebanon Argentina/United States of America Argentina/Spain Nigeria New Zealand/United Kingdom New Zealand Costa Rica Brazil Bahamas Singapore Peru Ireland/Germany China Canada/New Zealand Austria Italy Mexico Belgium Bulgaria Germany Argentina Australia Spain Canada Switzerland United States of America United Kingdom France 5 6 6 7 8 8 9 0 0 5 0 5 0 5 Number of Appointments 8 8 08 by International Centre for Settlement of Investment Disputes. Page 5