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THE ICSID CASELOAD –
STATISTICS (ISSUE 2012-2)
© 2012 by International Centre for Settlement of Investment Disputes.
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The ICSID Caseload – Statistics
(Issue 2012-2)
This issue of the ICSID Caseload – Statistics provides an updated profile of the ICSID caseload, historically and for the Centre’s fiscal year 2012. It is based on cases registered or administered by ICSID as of June 30, 2012.
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; the economic sectors involved in ICSID disputes; the outcomes in ICSID arbitration and conciliation proceedings (including further information on disputes decided by arbitral tribunals); the nationality and geographic origins of arbitrators, conciliators and ad hoc committee members appointed in ICSID proceedings; and outcomes to date in annulment proceedings under the ICSID Convention.
The Secretariat will continue to publish the ICSID Caseload – Statistics on a bi-annual basis reflecting new information as it becomes available. ICSID welcomes any comments or suggestions by email at [email protected].
© 2012 by International Centre for Settlement of Investment Disputes.
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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 June 30, 2012 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 9: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Outcomes 13 Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes 14 Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports 14
8. Annulment Proceedings under the ICSID Convention – Outcomes 15 Chart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 15
9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 16 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 Geographic Region 16 Chart 14: 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 17 Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules 18
1 The data is based on ICSID statistics as of June 30, 2012. 2 The ICSID Fiscal Year covers the period July 1 to June 30.
© 2012 by International Centre for Settlement of Investment Disputes.
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PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 2012 (FY2012)
1. New Cases Registered by ICSID in FY2012 20 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2012 20
2. Non-ICSID Cases Administered by the ICSID Secretariat in FY2012 20 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY2012 20
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2012 21 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2012 under the ICSID Convention and Additional Facility Rules 21
4. Geographic Distribution of New ICSID Cases Registered in FY2012, by State Party Involved 22 Chart 4: Geographic Distribution of New Cases Registered in FY2012 under the ICSID Convention and Additional Facility Rules by State Party Involved 22
5. Distribution of New ICSID Cases Registered in FY2012, by Economic Sector 23 Chart 5: Distribution of New Cases Registered in FY2012 under the ICSID Convention and Additional Facility Rules by Economic Sector 23
6. ICSID Arbitration Proceedings Concluded in FY2012– Outcomes 24 Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2012 – Outcomes 24 Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2012 – Outcomes 24
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY2012 25 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2012 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 25 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2012 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 26 Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2012 in Cases Registered under the ICSID Convention and Additional Facility Rules 27
© 2012 by International Centre for Settlement of Investment Disputes.
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PART I
ALL CASES REGISTERED AND ADMINISTERED BY ICSID
© 2012 by International Centre for Settlement of Investment Disputes.
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1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of June 30, 2012
© 2012 by International Centre for Settlement of Investment Disputes.
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2. Cases Registered by ICSID
Chart 1: Total Number of ICSID Cases Registered by Calendar Year:
As of June 30, 2012, ICSID had registered 390 cases under the ICSID Convention and Additional Facility Rules.
1
4
1 2 1 2 2 3 4
1
4
1 2 13 3 3
10 11 1012
14
19
31
27 27
23
37
21
25 26
38
21
0
5
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40
1972
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2011
to Ju
ne 3
0, 2
012
Cases Registered under the ICSID Convention and Additional Facility Rules
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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
15
1 1 1
1
1
1 1
2 3 2 3
1
6
2
2
4
1
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0
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1972
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2011
to Ju
ne 3
0, 2
012
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases
ICSID Convention Arbitration Cases
344(88%)
ICSID Convention Conciliation Cases
7(2%)
ICSID Additional Facility Arbitration Cases
37(9%)
ICSID Additional Facility Conciliation Cases
2(1%)
© 2012 by International Centre for Settlement of Investment Disputes.
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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.
3 3
10 11 10
7 64
6
3
11
13
2
0
2
4
6
8
10
12
14
FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012
Investor-State UNCITRAL Arbitrations Other Cases
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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 Investments1%
Bilateral Investment Treaty (BIT)
63%
Dominican Republic-United States-Central America Free Trade
Agreement (DR-CAFTA)1%
Investment Contract between the Investor and
the Host-State20%
Investment Law of the Host-State
6%
North American Free Trade Agreement
(NAFTA)4%
Agreement between the United States of America
and the Sultanate of Oman on the
Establishment of a Free Trade Area
(Oman-U.S. FTA)1%
Energy Charter Treaty (ECT)
4%
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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 America29%
Central America & the Carribean
7%
North America (Canada, Mexico & U.S.)
5%
Eastern Europe & Central Asia
23%
Western Europe1%
Sub-Saharan Africa16%
Middle East & North Africa
10%South & East Asia &
the Pacific9%
© 2012 by International Centre for Settlement of Investment Disputes.
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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
5% Oil, Gas & Mining25%
Electric Power & Other Energy
13%
Water, Sanitation & Flood Protection
6%
Construction7%
Tourism4%
Other Industry12%
Transportation11%
Services & Trade
4%
© 2012 by International Centre for Settlement of Investment Disputes.
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7. ICSID Arbitration and Conciliation Proceedings – Outcomes
Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:
Chart 9: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Outcomes:
* 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.
Dispute decided by Tribunal
62%
Dispute settled or proceeding otherwise
discontinued38%
Award deciding that the claims are
manifestly without legal merit
1%*
Award declining jurisdiction
22%
Award dismissing all claims29%
Award upholding claims in part or in full
48%
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Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes:
Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports:
Conciliation Commission Report
issued67%
Proceeding Discontinued
33%
Report recording failure of the Parties to
reach agreement75%
Report recording agreement of the
Parties25%
© 2012 by International Centre for Settlement of Investment Disputes.
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8. Annulment Proceedings under the ICSID Convention – Outcomes
Chart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:
49
18
96
23
0 1 0
134
0 3 18
00 0 15 6
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
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9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases
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 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 June 30, 2012.
North America (Canada, Mexico & U.S.)
22%
South America10%
Central America & the Caribbean
2%
Middle East & North Africa
5%
Sub-Saharan Africa2%
South & East Asia & the Pacific
10% Eastern Europe & Central Asia
2%
Western Europe47%
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Chart 14: 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 June 30, 2012.
45 4112 24 14
51
10
174
244
94
1441
13
78
12
427
0
50
100
150
200
250
300
350
400
450
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)
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Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules:
156123
11690
8361
4343
4236
353131
2927
2518
1616
1511
9999
888888
777777
666
5555
4444444
333333
222222222222
1111111111111
0 20 40 60 80 100 120 140 160 180
U.S.FrenchBritish
CanadianSwiss
SpanishGermanMexican
AustralianItalian
ChileanBelgian
EgyptianDutch
New ZealandArgentine
ColombianCosta Rican
SwedishFrench/Swedish/Bahraini
BrazilianBulgarian
DanishGreek
PhilippineBangladeshi
British/FrenchLebanese/French
New Zealand/CanadianUruguayan
VenezuelanAustrian
Colombian/FrenchEcuadorianSenegalese
SlovakThai
IndianPeruvian
SingaporeanChineseFinnish
GuyaneseMoroccan
AlgerianCypriotIranian
Iranian/FrenchMalaysian
PakistaniSwiss/Brazilian
HonduranIsraeli
JamaicanLebaneseNigerianTogolese
BarbadianBeninese
CzechGaboneseGhanaianJordanianMalagasyMalawian
PortugueseSerbianSomali
Swiss/IrishBrazilian/French
CameroonianCentral African
CroatianDominica
GuatemalanLuxembourg
NorwegianMauritian/French
SloveniaSouth African
Sri LankanSudanese
Number of Appointments
Nat
iona
lity
of A
ppoi
ntee
© 2012 by International Centre for Settlement of Investment Disputes.
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PART II
CASES REGISTERED AND ADMINISTERED BY ICSID IN FISCAL YEAR 2012 (FY2012)
© 2012 by International Centre for Settlement of Investment Disputes.
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1. New Cases Registered by ICSID in FY2012
Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in FY2012:
2. Non-ICSID Cases Administered by the ICSID Secretariat in FY2012
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in FY2012:
31
15
2
0
5
10
15
20
25
30
35
ICSID Convention Arbitration Cases
ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases
ICSID Additional Facility Conciliation Cases
3
2
0
1
2
3
4
Investor-State UNCITRAL Arbitrations Other Cases
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3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2012
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2012 under the ICSID Convention and Additional Facility Rules:
Bilateral Investment Treaty (BIT)
68%
Investment Contract between the Investor
and the Host-State12%
Investment Law of the Host-State
7%
North American Free Trade Agreement
(NAFTA)5%
Energy Charter Treaty (ECT)
5%
Agreement between the United States of America
and the Sultanate of Oman on the
Establishment of a Free Trade Area (Oman-U.S.
FTA)3%
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4. Geographic Distribution of New ICSID Cases Registered in FY2012, by State Party Involved
Chart 4: Geographic Distribution of New Cases Registered in FY2012 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 America21%
Central America & the Carribean
5%
North America (Canada, Mexico, U.S.)
8%
Eastern Europe & Central Asia
31%
Western Europe2%
Sub-Saharan Africa15%
Middle East & North Africa
10%South & East Asia &
the Pacific8%
© 2012 by International Centre for Settlement of Investment Disputes.
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5. Distribution of New ICSID Cases Registered in FY2012, by Economic Sector
Chart 5: Distribution of New Cases Registered in FY2012 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.
Information & Communication
10%
Oil, Gas & Mining25%
Electric Power & Other Energy
8%
Water, Sanitation & Flood Protection
3%Construction
8%Tourism
3%
Other Industry25%
Transportation15%
Services & Trade
3%
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6. ICSID Arbitration Proceedings Concluded in FY2012 – Outcomes
Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2012 – Outcomes:
Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in FY2012 – Outcomes:
Dispute decided by Tribunal
68%
Dispute settled or proceeding otherwise
discontinued32%
Award declining jurisdiction
20%
Award dismissing all claims20%
Award upholding claims in part or in full
60%
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7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in FY2012
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2012 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 FY2012.
North America (Canada, Mexico & U.S.)
23%
South America13%
Central America & the Caribbean
2%Middle East & North Africa
3%
Sub-Saharan Africa2%
South & East Asia & the Pacific
15%
Eastern Europe & Central Asia
2%
Western Europe40%
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Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2012 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 FY2012.
7 6
2 2 1
8
1
13
23
11
2 1
12
2
40
0
5
10
15
20
25
30
35
40
45
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)
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Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in FY2012 in Cases Registered under the ICSID Convention and Additional Facility Rules:
19
12
9
8
7
6
6
5
5
5
4
4
4
3
3
3
3
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
0 5 10 15 20
U.S.
French
British
Spanish
Canadian
Colombian
Swiss
Australian
Chinese
German
Belgian
Mexican
New Zealand
Argentine
Bulgarian
Chilean
Colombian/French
New Zealand/Canadian
Costa Rican
Dutch
Italian
Philippine
Austrian
Brazilian
Brazilian/French
British/French
Cameroonian
Egyptian
Finnish
Greek
Iranian/French
Lebanese/French
Mauritian/French
Moroccan
Pakistani
Somali
Swedish
Number of Appointments
Nat
iona
lity
of A
ppoi
ntee