THE ICSID CASELOAD - The World Bank · The ICSID Caseload – Statistics (Issue 2016‐1) This...

THE ICSID CASELOAD –

STATISTICS

(ISSUE 2016‐1)

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© 2016 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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The ICSID Caseload – Statistics (Issue 2016‐1)

This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically

and for the calendar year 2015. It is based on cases registered or administered by ICSID as of

December 31, 2015.

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 [email protected].


Page | 3

TABLE OF CONTENTS1

PART I ‐ ALL CASES REGISTERED AND ADMINISTERED BY ICSID

1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2015 6

2. Cases Registered by ICSID 7

Chart 1: Total Number of ICSID Cases Registered, by Calendar Year 7

Chart 2: 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 4: Number of Non‐ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years2 9

4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 10

Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and

Additional Facility Rules 10

5. Geographic Distribution of All ICSID Cases, by State Party Involved 11

Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State

Party Involved 11

6. Distribution of All ICSID Cases by Economic Sector 12

Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic Sector 12

7. ICSID Arbitration and Conciliation Proceedings – Outcomes 13

Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13

Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings 14

Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis 15

Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 16

Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Commission Reports 16

8. Annulment Proceedings under the ICSID Convention – Outcomes 17

Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 17

9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 18

Chart 12: 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 18

Chart 13: 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 19

Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under

the ICSID Convention and Additional Facility Rules 20

1 The data is based on ICSID statistics as of December 31, 2015. 2 The ICSID Fiscal Year covers the period July 1 to June 30.


Page | 4

PART II ‐ CASES REGISTERED AND ADMINISTERED BY ICSID IN 2015

1. New Cases Registered by ICSID in 2015 22

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2015 22

2. Non‐ICSID Cases Administered by the ICSID Secretariat in 2015 22

Chart 2: Number of Non‐ICSID Cases Administered by the ICSID Secretariat in 2015 22

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2015 23

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2015 under the ICSID

Convention and Additional Facility Rules 23

4. Geographic Distribution of New ICSID Cases Registered in 2015, by State Party Involved 24

Chart 4: Geographic Distribution of New Cases Registered in 2015 under the ICSID Convention and Additional Facility Rules,

by State Party Involved 24

Chart 5: Geographic Distribution of New Cases Registered in 2015 under the ICSID Convention and Additional Facility Rules,

by State Party Involved – Further Details 25

5. Distribution of New ICSID Cases Registered in 2015, by Economic Sector 26

Chart 6: Distribution of New Cases Registered in 2015 under the ICSID Convention and Additional Facility Rules, by Economic

Sector 26

6. ICSID Arbitration Proceedings Concluded in 2015 – Outcomes 27

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2015 – Outcomes 27

Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2015 – Findings 28

Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules

in 2015 – Basis 29

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2015 30

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2015 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 2015 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 31

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2015 in Cases

Registered under the ICSID Convention and Additional Facility Rules 32


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PART I

ALL CASES REGISTERED AND ADMINISTERED

BY ICSID


Page | 6

1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2015


Page | 7

2. Cases Registered by ICSID

Chart 1: Total Number of ICSID Cases Registered, by Calendar Year:

As of December 31, 2015, ICSID had registered 549 cases under the ICSID Convention and Additional Facility Rules.

14

1 2 1 2 2 3 41

41 2 1

3 3 3

10 11 1012

14

19

31

27 27

23

37

21

25 26

38

50

4038

52

0

10

20

30

40

50

60

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

Cases Registered under the ICSID Convention and Additional Facility Rules


Page | 8

Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year:

Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules:

14

1 2 1 2 1 2 41

41 2 1 2 3 3

8 8 8 914

18

30

2124

21

32

2023 25

33

40 3835

50

1 1 1

1

1

1 1

2 3 2 3

16

2

2

4

12

1

4

82

3

22

0

10

20

30

40

50

60

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases

ICSID Convention Arbitration Cases

492(89.6%)

ICSID Convention Conciliation Cases

7(1.3%)

ICSID Additional Facility Arbitration Cases

48(8.7%)

ICSID Additional Facility Conciliation Cases

2(0.4%)


Page | 9

3. Non‐ICSID Cases Administered by the ICSID Secretariat

Chart 4: Number of Non‐ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years:

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 1960, and an arbitration under the Softwood

Lumber Agreement of 2006 (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.

10

76

4

6

3

5

109

6

1

1

3

2

1

2

1

1

0

2

4

6

8

10

12

14

FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 July 1 ‐Dec. 31,2015

Investor‐State UNCITRAL Arbitrations Other Cases


Page | 10

4. 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:

ASEAN Agreement for the Promotion and Protection

of Investments0.2%

Bilateral Investment Treaty (BIT)

60.3%

Dominican Republic‐United States‐Central America Free

Trade Agreement (DR‐CAFTA)

0.8%

Investment Contract between the Investor and

the Host‐State17.3%

Investment Law of the Host‐State

9.3%

North American Free Trade Agreement

(NAFTA)2.9%

Energy Charter Treaty (ECT)8.8%

Oman‐U.S. Free Trade Agreement (Oman‐U.S. FTA)

0.2%

Canada‐Peru Free Trade Agreement (Canada‐Peru FTA)

0.2%

Central America‐Panama Free Trade Agreement

0.2%


Page | 11

5. Geographic Distribution of All ICSID Cases, by State Party Involved Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by State Party Involved*:

* 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:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

South America24%

Central America & the Caribbean

6%

North America (Canada, Mexico & U.S.)

4%Eastern Europe &

Central Asia25%

Western Europe7%

Sub‐Saharan Africa16%

Middle East & North Africa

10%

South & East Asia & the Pacific

8%


Page | 12

6. Distribution of All ICSID Cases by Economic Sector

Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules, by Economic

Sector*:

* This sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.

Finance7%

Information & Communication

6%

Agriculture, Fishing & Forestry

4% Oil, Gas & Mining26%

Electric Power & Other Energy

17%

Water, Sanitation & Flood Protection

5%

Construction7%

Tourism4%

Other Industry12%

Transportation9%

Services & Trade3%


Page | 13

7. ICSID Arbitration and Conciliation Proceedings – Outcomes

Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:

Dispute decided by Tribunal64%

(see chart 8a)

Dispute settled or proceeding otherwise

discontinued36%

(see chart 8b)


Page | 14

Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings:

* Pursuant to ICSID Arbitration Rule 41(5) and Article 45(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 2006, 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.

Award deciding that the claims are manifestly without legal merit*

1%

Award declining jurisdiction

24%

Award dismissing all claims29%

Award upholding claims in part or in full

46%


Page | 15

Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility

Rules – Basis:

1 ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50.

2 ICSID Arbitration Rule 43(2) and Arbitration (Additional Facility) Rule 49(2).

3 In accordance with Article 44 of the ICSID Convention.

4 ICSID Administrative & Financial Regulation 14(3)(d).

5 ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51.


Proceeding discontinued at the request of both

parties6

47%

Proceeding discontinued at the request of one

party1

27%

Settlement agreement embodied in an award at

parties' request2

15%

Proceeding discontinued at the Initiative of the Tribunal3

1%

Proceeding discontinued for lack of payment of the required advances4

8%

Proceeding discontinued for failure of parties to act5

2%


Page | 16

Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:

Chart 10: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules – Commission Reports:

Conciliation Commission Report

issued75%

(see chart 10)

Proceeding Discontinued

25%

Report recording failure of the Parties to

reach agreement83%

Report recording agreement of the

Parties17%


Page | 17

8. Annulment Proceedings under the ICSID Convention – Outcomes

Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:

49

18

96 96

0 1 0

13

18

03 1

8

20 0 15

15

0

20

40

60

80

100

120

1971‐1980 1981‐1990 1991‐2000 2001‐2010 2011 ‐

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


Page | 18

9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases

Chart 12: 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*:

* 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:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart

reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2015.


21%

South America10%


3%


4%



10% Eastern Europe & Central Asia

2%

Western Europe48%


Page | 19

Chart 13: 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*: **

* The geographical classification is based on the World Bank’s regions as set forth at

http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart

reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2015.

** Excluding one appointment made by an external appointing authority pursuant to the relevant provision in the applicable investment treaty.

62 55

28 31 22

78

14

239

332

133

17

48

17

114

21

638

0

100

200

300

400

500

600

700

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)

Number of Appointments

Chart 14: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules:

189186

158107107

8869

6553

5048

464140

3131

2927

2423

19171716

1312121212111111101099999999988877777765544444443333333222222222211111111111111111111111

0 20 40 60 80 100 120 140 160 180 200

FranceUnited States of America

United KingdomCanada

SwitzerlandSpain

AustraliaGermanyMexico

ItalyChile

BelgiumNetherlandsNew Zealand

ColombiaEgypt, Arab Rep. of

ArgentinaCosta RicaSweden

France/Sweden/BahrainBulgaria

United Kingdom/FranceUnited States of America/Switzerland

AustriaCanada/New Zealand

Argentina/SpainBrazil

Canada/United KingdomSingapore

BangladeshLebanon/France

MoroccoFinland

PhilippinesChina

DenmarkGreece

GuatemalaMalaysiaPakistan

Slovak RepublicUruguay

VenezuelaColombia/France

Iran, Islamic Rep. of/FranceSwitzerland/Brazil

EcuadorGermany/Austria

PeruSenegalSomaliaThailand

IndiaGuyana

France/SwitzerlandAlgeriaCyprus

Iran, Islamic Rep. ofNigeria

Korea, Rep.ofSwitzerland/Ireland

United States of America/FranceAustralia/Ireland

BarbadosHonduras

IsraelJamaicaSerbiaTogoBenin

Czech RepublicFrance/Mauritius

GabonGhanaJordan

LebanonMadagascar

MalawiPortugal

Argentina/United States of AmericaCabo VerdeCameroon

Canada/LebanonCanada/Switzerland

Central African RepublicChile/United States of America

CroatiaDominica

Ireland/United States of AmericaIsrael/Switzerland

JapanLebanon/ChileLuxembourg

NorwayPakistan/United States of America

ParaguaySlovenia

South AfricaSri Lanka

SudanUnited Kingdom/Ghana

United States of America/Canada

State of Nationality of Appointee

Page | 20

© 2016 by International Cen

tre for Settlemen

t of Investmen

t Disputes.

Content ma y be reproduced for educational use with acknowledgement.


Page | 21

PART II

CASES REGISTERED AND ADMINISTERED

BY ICSID IN 2015


Page | 22

1. New Cases Registered by ICSID in 2015

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2015:

2. Non‐ICSID Cases Administered by the ICSID Secretariat in 2015

Chart 2: Number of Non‐ICSID Cases Administered by the ICSID Secretariat in 2015:

50

20

10

20

30

40

50

60

ICSID Convention Arbitration Cases

ICSID Additional Facility Arbitration Cases

6

1

0

1

2

3

4

5

6

7

Investor‐State UNCITRAL Arbitrations Other Cases


Page | 23

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in

2015

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2015 under the ICSID

Convention and Additional Facility Rules:

Bilateral Investment Treaty (BIT)

46%

Investment Contract between the Investor and

the Host‐State8%Investment Law of the

Host‐State8%

North American Free Trade Agreement

(NAFTA)3%

Energy Charter Treaty (ECT)33%

Central America‐Panama Free Trade Agreement

2%


Page | 24

4. Geographic Distribution of New ICSID Cases Registered in 2015, by State Party Involved

Chart 4: Geographic Distribution of New Cases Registered in 2015 under the ICSID Convention and Additional Facility Rules, by State Party Involved*:


http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

South America4%


2%


4%

Eastern Europe & Central Asia

23% Western Europe37%



11%


4%


Page | 25

Chart 5: Geographic Distribution of New Cases Registered in 2015 under the ICSID Convention and Additional Facility

Rules, by State Party Involved – Further Details*:


http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

Argentina, 2Mexico, 1

Canada, 1

Panama, 1Ukraine, 2

Turkey, 1

Romania, 1

Kosovo, 1

Kazakhstan, 2

Cyprus, 1

Croatia, 1

Bulgaria, 2

Albania, 1

Spain, 15

Italy, 3

Austria, 1

Uganda, 1

Tanzania, 1

Senegal, 1

Kenya, 2

Guinea, 1

Cameroon, 1

Cabo Verde, 1

Oman, 1

Libya, 1

Lebanon, 1

Jordan, 2

Egypt, 1

Timor‐Leste, 1

Korea, 1

0

2

4

6

8

10

12

14

16

18

20

Western Europe Eastern Europe &Central Asia

Sub SaharanAfrica


North America South America South & East Asia& the Pacific

Central America& the Caribbean


Page | 26

5. Distribution of New ICSID Cases Registered in 2015, by Economic Sector

Chart 6: Distribution of New Cases Registered in 2015 under the ICSID Convention and Additional Facility Rules, by Economic Sector*:

* The sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.

Finance9%

Information & Communication

8%

Oil, Gas & Mining19%

Electric Power & Other Energy

42%

Construction6%

Tourism2%

Other Industry4%

Transportation8%

Services & Trade2%


Page | 27

6. ICSID Arbitration Proceedings Concluded in 2015 – Outcomes

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2015 – Outcomes:

Dispute decided by Tribunal64%

(see chart 7a)

Dispute settled or proceeding otherwise

discontinued36%

(see chart 7b)


Page | 28

Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2015 – Findings:

Award declining jurisdiction

20%

Award dismissing all claims33%

Award upholding claims in part or in full

47%


Page | 29

Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2015 – Basis:

1 ICSID Arbitration Rule 44. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50.


3 ICSID Administrative and Financial Regulations 14(3)(d).

4 ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51.


Proceeding discontinued at the request of both

parties5

59%

Proceeding discontinued at the request of one party1

11%

Settlement agreement embodied in an award at

parties' request2

12%

Proceeding discontinued for lack of payment of the required advances3

12%

Proceeding discontinued for failure of parties to act4

6%


Page | 30

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in

2015

Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2015 in Cases Registered under the ICSID

Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:

* 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:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2015.


19%

South America5%


5%


4%



13%


3%

Western Europe50%


Page | 31

Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2015 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*: **

* 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:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2015. ** Excluding one appointment made by an external appointing authority pursuant to the relevant provision in the applicable bilateral investment treat.

7

47

3 2

9

0

19

28

6

1

4

1

15

5

74

0

10

20

30

40

50

60

70

80

North America(Canada, Mexico &

U.S.)

South America Central America &the Caribbean


Sub‐Saharan Africa South & East Asia& the Pacific


Western Europe

Appointments by ICSID Appointments by the Parties (or Party‐appointed Arbitrators)


Page | 32

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2015 in Cases

Registered under the ICSID Convention and Additional Facility Rules:

20

14

13

13

13

11

7

6

6

5

5

5

4

4

4

3

3

3

3

3

3

3

2

2

2

2

2

2

2

2

2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

0 5 10 15 20 25

France

United Kingdom

Canada

Germany

United States of America

Australia

Switzerland

Italy

Spain

Belgium

Guatemala

New Zealand

Bulgaria

Colombia

Finland

Argentina

Austria

Canada/New Zealand

Costa Rica

Germany/Austria

Morocco

Netherlands

Australia/Ireland

Canada/United Kingdom

France/Sweden/Bahrain

France/Switzerland

Iran, Islamic Rep. of/France

Malaysia

Somalia

Sweden

United States of America/France

Bangladesh

Barbados

Cabo Verde

Colombia/France

Ireland/United States of America

Korea, Rep.of

Lebanon/Chile

Mexico

Pakistan

Paraguay

Peru

Serbia

Singapore

Switzerland/Ireland

Switzerland/Israel

United Kingdom/France

United States of America/Switzerland

Number of Appointments

State of Nationality of Appointee

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