THE ICSID CASELOAD STATISTICS (ISSUE 03-)
The ICSID Caseload Statistics (Issue 03-) This issue of the ICSID Caseload Statistics updates the profile of the ICSID caseload, historically and for the Centre s fiscal year 03. It is based on cases registered or administered by ICSID as of June 30, 03. 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. 03 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 June 30, 03 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 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8 3. Non-ICSID Cases Administered by the ICSID Secretariat 9 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years 9. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 0 Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules 0 5. Geographic Distribution of All ICSID Cases by State Party Involved Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by State Party Involved 6. Distribution of All ICSID Cases by Economic Sector Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by Economic Sector 7. ICSID Arbitration and Conciliation Proceedings Outcomes 3 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes 3 Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules Basis 5 Chart 9: Conciliation Proceedings under the ICSID Convention Outcomes 6 Chart 0: Conciliation Proceedings under the ICSID Convention Commission Reports 6 8. Annulment Proceedings under the ICSID Convention Outcomes 7 Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 7 9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 8 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 8 Chart 3: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 9 Chart : State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules 0 The data is based on ICSID statistics as of June 30, 03. The ICSID Fiscal Year covers the period July to June 30. 03 by International Centre for Settlement of Investment Disputes. Page 3
PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 03 (FY03). New Cases Registered by ICSID in FY03 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY03. Non-ICSID Cases Administered by the ICSID Secretariat in FY03 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY03 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY03 3 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules 3. Geographic Distribution of New ICSID Cases Registered in FY03, by State Party Involved Chart : Geographic Distribution of New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules, by State Party Involved Chart 5: Geographic Distribution of New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details 5 5. Distribution of New ICSID Cases Registered in FY03, by Economic Sector 6 Chart 6: Distribution of New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules, by Economic Sector 6 6. ICSID Arbitration Proceedings Concluded in FY03 Outcomes 7 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY03 Outcomes 7 Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY03 Findings 8 Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY03 Basis 9 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY03 30 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY03 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region 30 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY03 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 3 Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY03 in Cases Registered under the ICSID Convention and Additional Facility Rules 3 03 by International Centre for Settlement of Investment Disputes. Page
PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID 03 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 June 30, 03 03 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 0 37 38 30 0 0 0 3 7 7 5 6 3 9 0 0 3 3 3 3 97 973 97 975 976 977 978 979 980 98 98 983 98 985 986 987 988 989 990 99 99 993 99 995 996 997 998 999 000 00 00 003 00 005 006 007 008 009 00 0 0 to June 30, 03 Cases Registered under the ICSID Convention and Additional Facility Rules As of June 30, 03, ICSID had registered 33 cases under the ICSID Convention and Additional Facility Rules. 03 by International Centre for Settlement of Investment Disputes. Page 7
Chart : Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year: 60 50 0 30 0 0 0 8 6 0 30 3 33 3 3 3 5 8 0 3 8 8 8 9 3 3 97 973 97 975 976 977 978 979 980 98 98 983 98 985 986 987 988 989 990 99 99 993 99 995 996 997 998 999 000 00 00 003 00 005 006 007 008 009 00 0 0 ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases to June 30, 03 Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules: ICSID Convention Arbitration Cases (38) 87% ICSID Convention Conciliation Cases (7) % ICSID Additional Facility Arbitration Cases () 0% ICSID Additional Facility Conciliation Cases () % 03 by International Centre for Settlement of Investment Disputes. Page 8
3. Non-ICSID Cases Administered by the ICSID Secretariat Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years: 0 8 6 0 3 0 0 7 6 6 5 3 3 FY00 FY005 FY006 FY007 FY008 FY009 FY00 FY0 FY0 FY03 Investor-State UNCITRAL Arbitrations Other Cases The ICSID Secretariat offers various levels of administrative and organizational support for non-icsid dispute settlement in State-State or investor-state proceedings. Among the State-State cases administered in the past decade are the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), an expert determination proceeding under the Indus Waters Treaty of 960, and an arbitration under the Softwood Lumber Agreement of 006 (United States v. Canada). The Centre also frequently provides administrative assistance to investor-state arbitrations under the UNCITRAL Rules 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. 03 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: Agreement between the United States of America and the Sultanate of Oman on the Establishment of a Free Trade Area (Oman-U.S. FTA) 0.5% North American Free Trade Agreement (NAFTA) 3.0% Energy Charter Treaty (ECT).0% ASEAN Agreement for the Promotion and Protection of Investments 0.5% Investment Law of the Host-State 7.0% Bilateral Investment Treaty (BIT) 65.0% Investment Contract between the Investor and the Host-State 9.0% Dominican Republic- United States-Central America Free Trade Agreement (DR-CAFTA).0% 03 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% Central America & the Carribean 6% Eastern Europe & Central Asia % South America 9% Western Europe % Sub-Saharan Africa 6% 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:3697,00.html, and also includes World Bank donor countries. 03 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 5% Oil, Gas & Mining 5% Finance 7% Services & Trade % Electric Power & Other Energy % Transportation % Water, Sanitation & Flood Protection 6% Other Industry 3% Tourism % Construction 7% * This sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 03 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 63% (see chart 8a) Dispute settled or proceeding otherwise discontinued 37% (see chart 8b) 03 by International Centre for Settlement of Investment Disputes. Page 3
Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings: Award declining jurisdiction 3% Award dismissing all claims 9% Award deciding that the claims are manifestly without legal merit* % Award upholding claims in part or in full 7% * 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. 03 by International Centre for Settlement of Investment Disputes. Page
Chart 8b: 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 6% Proceeding discontinued at the Initiative of the Tribunal 3 % Proceeding discontinued for lack of payment of the required advances 9% Proceeding discontinued at the request of both parties 6 6% 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 3(). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 9(). 3 In accordance with Article of the ICSID Convention. ICSID Administrative & Financial Regulation (3)(d). 5 ICSID Arbitration Rule 5. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 5. 6 ICSID Arbitration Rule 3() and Arbitration (Additional Facility) Rule 9(). 03 by International Centre for Settlement of Investment Disputes. Page 5
Chart 9: Conciliation Proceedings under the ICSID Convention Outcomes: Conciliation Commission Report issued 7% (see chart 0) Proceeding Discontinued 9% Chart 0: Conciliation Proceedings under the ICSID Convention Commission Reports: Report recording failure of the Parties to reach agreement 80% Report recording agreement of the Parties 0% 03 by International Centre for Settlement of Investment Disputes. Page 6
8. Annulment Proceedings under the ICSID Convention Outcomes Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade: 0 00 96 80 60 0 0 0 8 3 9 8 6 0 0 3 5 0 0 0 97-980 98-990 99-000 00-00 0-8 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 03 by International Centre for Settlement of Investment Disputes. Page 7
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:3697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until June 30, 03. 03 by International Centre for Settlement of Investment Disputes. Page 8
Chart 3: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*: 600 500 78 00 300 6 00 93 00 0 7 8 North America (Canada, Mexico & U.S.) 08 South America 7 Central America & the Caribbean 7 Middle East & North Africa 3 Sub-Saharan Africa 6 9 South & East Asia & the Pacific 0 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:3697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until June 30, 03. 03 by International Centre for Settlement of Investment Disputes. Page 9
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 Sudan Sri Lanka South Africa Slovenia Norway Mauritania/France Luxembourg Korea, Rep.of Jamaica Dominica Croatia Central African Republic Cameroon Brazil/France United States of America/France Switzerland/Ireland Serbia Portugal Malawi Madagascar Jordan Guatemala Ghana Gabon Czech Republic Benin Barbados Togo Nigeria Lebanon Japan Israel Honduras Switzerland/Brazil Somalia Iran, Islamic Rep. of/france Iran, Islamic Rep. of Germany/Austria Cyprus Algeria Malaysia Guyana Peru Pakistan Morocco India Finland China Thailand Slovak Republic Senegal Ecuador Colombia/France Venezuela Singapore Lebanon/France Bangladesh Uruguay United Kingdom/France Greece Denmark New Zealand/Canada Austria Philippines Bulgaria Brazil France/Sweden/Bahrain Sweden Costa Rica Colombia Egypt, Arab Rep. of Argentina New Zealand Netherlands Belgium Italy Chile Germany Mexico Australia Spain Switzerland Canada United Kingdom France United States of America 3 3 3 3 3 3 5 5 6 6 6 6 6 6 7 7 7 7 7 8 8 8 8 9 9 9 9 0 0 7 9 3 3 3 33 35 39 3 8 50 69 90 97 0 0 0 60 80 00 0 0 60 80 Number of Appointments 8 39 6 03 by International Centre for Settlement of Investment Disputes. Page 0
PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 03 (FY03) 03 by International Centre for Settlement of Investment Disputes. Page
. New Cases Registered by ICSID in FY03 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY03: 0 35 30 5 0 5 0 5 0 38 5 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases. Non-ICSID Cases Administered by the ICSID Secretariat in FY03 Chart : Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY03: 6 5 5 3 0 Investor-State UNCITRAL Arbitrations Other Cases 03 by International Centre for Settlement of Investment Disputes. Page
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY03 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules: Energy Charter Treaty (ECT) % Investment Law of the Host-State 6% Bilateral Investment Treaty (BIT) 7% Investment Contract between the Investor and the Host-State 8% 03 by International Centre for Settlement of Investment Disputes. Page 3
. Geographic Distribution of New ICSID Cases Registered in FY03, by State Party Involved Chart : Geographic Distribution of New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: Eastern Europe & Central Asia 33% Central America & the Carribean % Western Europe 7% South America 6% Sub-Saharan Africa 9% South & East Asia & the Pacific 9% 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:3697,00.html, and also includes World Bank donor countries. 03 by International Centre for Settlement of Investment Disputes. Page
Chart 5: Geographic Distribution of New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details*: Bulgaria, Croatia, Georgia, Argentina, Kazakhstan, Peru, 3 Kyrgyz Republic, Latvia, Macedonia, Montenegro, Algeria, Romania, Venezuela, 9 Slovenia, Burundi, Indonesia, Guinea, Egypt, 3 Korea, Belgium, Uzbekistan, 3 South Sudan, Lao PDR, Greece, Eastern Europe & Central Asia South America Uganda, Tunisia, Pakistan, Costa Rica, Spain, South & East North America Sub-Saharan Middle East & Central America Western Asia & the (Canada, Africa North Africa & the Caribbean Europe Pacific 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:3697,00.html, and also includes World Bank donor countries. 3 Case involves a state agency. 03 by International Centre for Settlement of Investment Disputes. Page 5
5. Distribution of New ICSID Cases Registered in FY03, by Economic Sector Chart 6: Distribution of New Cases Registered in FY03 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: Transportation 9% Services & Trade % Finance % Information & Communication 5% Agriculture, Fishing & Forestry 5% Other Industry 8% Oil, Gas & Mining 5% Tourism 5% Construction 7% Water, Sanitation & Flood Protection 5% Electric Power & Other Energy 5% * The sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 03 by International Centre for Settlement of Investment Disputes. Page 6
6. ICSID Arbitration Proceedings Concluded in FY03 Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY03 Outcomes: Dispute decided by Tribunal 70% (see chart 7a) Dispute settled or proceeding otherwise discontinued 30% (see chart 7b) 03 by International Centre for Settlement of Investment Disputes. Page 7
Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY03 Findings: Award declining jurisdiction 3% Award dismissing all claims 3% Award upholding claims in part or in full 37% 03 by International Centre for Settlement of Investment Disputes. Page 8
Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in FY03 Basis: Settlement agreement embodied in an award at parties' request 5% Proceeding discontinued for lack of payment of the required advances 3 % Proceeding discontinued at the request of one party 5% Proceeding discontinued for failure of parties to act 3% Proceeding discontinued at the request of both parties 5 5% ICSID Arbitration Rule. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule 3(). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 9(). 3 ICSID Administrative & Financial Regulation (3)(d). ICSID Arbitration Rule 5. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 5. 5 ICSID Arbitration Rule 3() and Arbitration (Additional Facility) Rule 9(). 03 by International Centre for Settlement of Investment Disputes. Page 9
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY03 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY03 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region*: Central America & the Caribbean % South America 5% Middle East & North Africa % Sub-Saharan Africa % South & East Asia & the Pacific 7% Eastern Europe & Central Asia % North America (Canada, Mexico & U.S.) 3% Western Europe 8% * 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:3697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in FY03. 03 by International Centre for Settlement of Investment Disputes. Page 30
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY03 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by ICSID and by the Parties (or Partyappointed Arbitrators) by Geographic Region*: 60 50 5 0 30 0 7 9 0 7 3 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:3697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in FY03. 03 by International Centre for Settlement of Investment Disputes. Page 3
Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY03 in Cases Registered under the ICSID Convention and Additional Facility Rules: Staet of Nationality of Appointee Uruguay Morocco Malaysia Korea, Rep.of Japan Guatemala Germany/Austria Finland United Kingdom/France Brazil Somalia Singapore Philippines Pakistan France/Sweden/Bahrain China Canada/New Zealand Bulgaria Sweden Italy Austria Germany Netherlands Colombia Belgium New Zealand Mexico Costa Rica Argentina Switzerland Canada Australia United States of America Spain Chile United Kingdom France 3 3 3 5 5 5 6 7 7 7 8 8 8 6 0 5 0 5 0 Number of Appointments 03 by International Centre for Settlement of Investment Disputes. Page 3