99389 THE ICSID CASELOAD – STATISTICS (ISSUE 2015-1) The ICSID Caseload – Statistics (Issue 2015-1) This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2014. It is based on cases registered or administered by ICSID as of December 31, 2014. 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. © 2015 by International Centre for Settlement of Investment Disputes. Page | 2 Content may be reproduced for educational use with acknowledgement. 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, 2014 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 – Outcomes 16 Chart 10: Conciliation Proceedings under the ICSID Convention – 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, 2014. 2 The ICSID Fiscal Year covers the period July 1 to June 30. © 2015 by International Centre for Settlement of Investment Disputes. Page | 3 Content may be reproduced for educational use with acknowledgement. PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2014 1. New Cases Registered by ICSID in 2014 22 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2014 22 2. Non-ICSID Cases Administered by the ICSID Secretariat in 2014 22 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2014 22 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 23 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules 23 4. Geographic Distribution of New ICSID Cases Registered in 2014, by State Party Involved 24 Chart 4: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by State Party Involved 24 Chart 5: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details 25 5. Distribution of New ICSID Cases Registered in 2014, by Economic Sector 26 Chart 6: Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by Economic Sector 26 6. ICSID Arbitration Proceedings Concluded in 2014 – Outcomes 27 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2014 – Outcomes 27 Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2014 – Findings 28 Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2014 – Basis 29 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2014 30 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 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 2014 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 2014 in Cases Registered under the ICSID Convention and Additional Facility Rules 32 © 2015 by International Centre for Settlement of Investment Disputes. Page | 4 Content may be reproduced for educational use with acknowledgement. PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID © 2015 by International Centre for Settlement of Investment Disputes. Page | 5 Content may be reproduced for educational use with acknowledgement. 1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2014 © 2015 by International Centre for Settlement of Investment Disputes. Page | 6 Content may be reproduced for educational use with acknowledgement. 2. Cases Registered by ICSID Chart 1: Total Number of ICSID Cases Registered, by Calendar Year: 60 50 50 40 40 38 38 37 31 30 27 27 25 26 23 21 19 20 14 12 10 11 10 10 4 3 4 4 3 3 3 1 1 2 1 2 2 1 1 2 1 0 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 Cases Registered under the ICSID Convention and Additional Facility Rules As of December 31, 2014, ICSID had registered 497 cases under the ICSID Convention and Additional Facility Rules. © 2015 by International Centre for Settlement of Investment Disputes. Page | 7 Content may be reproduced for educational use with acknowledgement. Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year: 60 50 2 8 40 2 4 3 4 1 1 1 30 2 1 2 6 1 2 1 20 1 40 38 33 35 30 32 2 3 2 3 21 24 21 23 25 10 18 20 1 14 1 1 9 8 8 8 4 2 2 2 4 4 2 2 3 3 0 1 1 1 1 1 1 1 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 ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules: ICSID Convention Conciliation Cases 7 ICSID Convention (1.5%) Arbitration Cases 442 ICSID Additional Facility (89%) Arbitration Cases 46 (9%) ICSID Additional Facility Conciliation Cases 2 (0.5%) © 2015 by International Centre for Settlement of Investment Disputes. Page | 8 Content may be reproduced for educational use with acknowledgement. 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: 14 12 1 2 1 10 8 3 1 6 11 1 10 10 4 2 7 6 6 6 5 2 4 3 0 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 July 1 - Dec. 31, Investor-State UNCITRAL Arbitrations Other Cases 2014 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. © 2015 by International Centre for Settlement of Investment Disputes. Page | 9 Content may be reproduced for educational use with acknowledgement. 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: Canada -Peru Free Trade Energy Charter Treaty Agreement (ECT) (Canada-Peru FTA) 6.1% Oman-U.S. Free Trade 0.2% Agreement ASEAN Agreement for the (Oman-U.S. FTA) Promotion and Protection 0.2% of Investments 0.2% North American Free Trade Agreement (NAFTA) 2.9% Investment Law of the Host-State 9.4% Investment Contract Bilateral Investment between the Investor Treaty (BIT) and the Host-State 61.8% 18.3% Dominican Republic- United States-Central America Free Trade Agreement (DR-CAFTA) 0.9% © 2015 by International Centre for Settlement of Investment Disputes. Page | 10 Content may be reproduced for educational use with acknowledgement. 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.) 4% Eastern Europe & Central Asia Central America & 25% the Caribbean 7% Western Europe 4% South America 26% Sub-Saharan Africa 16% South & East Asia & Middle East & the Pacific North Africa 8% 10% * 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. © 2015 by International Centre for Settlement of Investment Disputes. Page | 11 Content may be reproduced for educational use with acknowledgement. 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*: Agriculture, Fishing & Forestry 4% Oil, Gas & Mining 26% Information & Communication 6% Finance 7% Services & Trade 3% Electric Power & Other Energy 14% Transportation 10% Water, Sanitation & Flood Protection 6% Other Industry 13% Construction Tourism 7% 4% * This sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf. © 2015 by International Centre for Settlement of Investment Disputes. Page | 12 Content may be reproduced for educational use with acknowledgement. 7. ICSID Arbitration and Conciliation Proceedings – Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes: Dispute decided by Tribunal 64% (see chart 8a) Dispute settled or proceeding otherwise discontinued 36% (see chart 8b) © 2015 by International Centre for Settlement of Investment Disputes. Page | 13 Content may be reproduced for educational use with acknowledgement. Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings: Award dismissing all Award declining claims jurisdiction 28% 25% Award deciding that the claims are manifestly without legal merit* 1% Award upholding claims in part or in full 46% * 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. © 2015 by International Centre for Settlement of Investment Disputes. Page | 14 Content may be reproduced for educational use with acknowledgement. Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis: Proceeding discontinued at the request of one Settlement agreement party1 embodied in an award at 29% 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 Proceeding 2% discontinued at the request of both parties6 45% 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). No case concluded to date on the basis of 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. 6 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1). © 2015 by International Centre for Settlement of Investment Disputes. Page | 15 Content may be reproduced for educational use with acknowledgement. Chart 9: Conciliation Proceedings under the ICSID Convention – Outcomes: Conciliation Commission Report issued 71% Proceeding (see chart 10) Discontinued 29% Chart 10: Conciliation Proceedings under the ICSID Convention – Commission Reports: Report recording failure of the Parties to reach agreement 80% Report recording agreement of the Parties 20% © 2015 by International Centre for Settlement of Investment Disputes. Page | 16 Content may be reproduced for educational use with acknowledgement. 8. Annulment Proceedings under the ICSID Convention – Outcomes Chart 11: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade: 120 96 100 80 68 60 40 18 20 9 13 13 11 8 4 3 5 0 0 0 1 0 0 1 1 1 0 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 © 2015 by International Centre for Settlement of Investment Disputes. Page | 17 Content may be reproduced for educational use with acknowledgement. 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*: South & East Asia & Sub-Saharan Africa the Pacific 2% 10% Eastern Europe & Central Asia Middle East & 2% North Africa 4% Central America & the Caribbean 2% South America 11% Western Europe 47% North America (Canada, Mexico & U.S.) 22% * 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, 2014. © 2015 by International Centre for Settlement of Investment Disputes. Page | 18 Content may be reproduced for educational use with acknowledgement. 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*: 600 565 500 400 304 300 220 200 127 99 100 69 55 51 44 21 28 20 16 16 14 17 0 North America South America Central America & Middle East & Sub-Saharan Africa South & East Asia & Eastern Europe & Western Europe (Canada, Mexico & U.S.) the Caribbean North Africa the Pacific Central Asia 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: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, 2014. © 2015 by International Centre for Settlement of Investment Disputes. Page | 19 Content may be reproduced for educational use with acknowledgement. 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: United States of America/Canada 1 United Kingdom/Ghana 1 Sudan 1 Sri Lanka 1 South Africa 1 Slovenia 1 Pakistan/United States of America 1 Norway 1 Luxembourg 1 Japan 1 Dominica 1 Czechoslovakia 1 Czech Republic 1 Croatia 1 Chile/United States of America 1 Central African Republic 1 Canada/Switzerland 1 Canada/Lebanon 1 Cameroon 1 Argentina/United States of America 1 United States of America/France 2 Content may be reproduced for educational use with acknowledgement. Serbia 2 © 2015 by International Centre for Settlement of Investment Disputes. Portugal 2 Malawi 2 Madagascar 2 Lebanon 2 Jordan 2 Ghana 2 Gabon 2 France/Switzerland 2 France/Mauritius 2 Benin 2 Barbados 2 Togo 3 Switzerland/Ireland 3 Korea, Rep.of 3 Jamaica 3 Israel 3 Honduras 3 Nigeria 4 Iran, Islamic Rep. of 4 Guatemala 4 Germany/Austria 4 Cyprus 4 State of Nationality Algeria 4 Somalia 5 Guyana 5 Peru 6 Iran, Islamic Rep. of/France 6 India 6 Finland 6 Thailand 7 Senegal 7 Malaysia 7 Ecuador 7 Colombia/France 7 Switzerland/Brazil 8 Pakistan 8 Morocco 8 Venezuela 9 Uruguay 9 Slovak Republic 9 Greece 9 Denmark 9 China 9 Philippines 10 Canada/United Kingdom 10 Canada/New Zealand 10 Bangladesh 10 Singapore 11 Lebanon/France 11 Brazil 12 Argentina/Spain 12 Austria 13 United States of America/Switzerland 16 United Kingdom/France 16 Bulgaria 16 France/Sweden/Bahrain 21 Sweden 22 Costa Rica 24 Argentina 26 Colombia 27 Egypt, Arab Rep. of 31 New Zealand 35 Netherlands 38 Belgium 41 Italy 44 Chile 48 Mexico 52 Germany 52 Australia 59 Spain 82 Canada 94 Switzerland 100 United Kingdom 144 France 171 United States of America 173 0 20 40 60 80 100 120 140 160 180 200 Number of Appointments Page | 20 PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 2014 © 2015 by International Centre for Settlement of Investment Disputes. Page | 21 Content may be reproduced for educational use with acknowledgement. 1. New Cases Registered by ICSID in 2014 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2014: 40 35 35 30 25 20 15 10 3 5 0 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases 2. Non-ICSID Cases Administered by the ICSID Secretariat in 2014 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2014: 11 10 10 9 8 7 6 5 4 3 2 1 0 Investor-State UNCITRAL Arbitrations © 2015 by International Centre for Settlement of Investment Disputes. Page | 22 Content may be reproduced for educational use with acknowledgement. 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules: Canada-Peru Free Trade Agreement (Canada-Peru FTA) 2% Bilateral Investment Treaty (BIT) 55% Energy Charter Treaty (ECT) 21% Investment Law of the Host-State 11% Investment Contract Dominican Republic- between the Investor and United States-Central the Host-State America Free Trade 9% Agreement (DR-CAFTA) 2% © 2015 by International Centre for Settlement of Investment Disputes. Page | 23 Content may be reproduced for educational use with acknowledgement. 4. Geographic Distribution of New ICSID Cases Registered in 2014, by State Party Involved Chart 4: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: Eastern Europe & Central Asia 32% Western Europe 18% Central America & the Caribbean 8% Sub-Saharan Africa South America 21% 11% South & East Asia & Middle East & the Pacific North Africa 5% 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:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. © 2015 by International Centre for Settlement of Investment Disputes. Page | 24 Content may be reproduced for educational use with acknowledgement. Chart 5: Geographic Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details*: Albania, 1 Bosnia and Herzegovina, 1 Estonia, 1 Hungary, 1 Montenegro, 1 Burundi, 1 Romania, 2 The Gambia, 2 Greece, 1 Italy, 1 Serbia, 1 Guinea, 1 Slovak Republic, 1 Mauritania, 1 Argentina, 1 Turkey, 1 Mozambique, 1 Spain, 5 Peru, 1 Costa Rica, 1 Dominican Ukraine, 2 Senegal, 1 Venezuela, 2 Republic, 1 Egypt, 1 China, 1 Sudan, 1 Panama, 1 Yemen, 1 Indonesia, 1 North America Eastern Europe Sub-Saharan Western Central America Middle East & South & East Asia South America (Canada, & Central Asia Africa Europe & the Caribbean North Africa & the 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:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. © 2015 by International Centre for Settlement of Investment Disputes. Page | 25 Content may be reproduced for educational use with acknowledgement. 5. Distribution of New ICSID Cases Registered in 2014, by Economic Sector Chart 6: Distribution of New Cases Registered in 2014 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: Information & Finance Communication 5% 3% Agriculture, Fishing & Forestry 3% Other Industry 13% Oil, Gas & Mining Construction 37% 10% Water, Sanitation & Flood Protection 3% Electric Power & Other Energy 26% * The sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf. © 2015 by International Centre for Settlement of Investment Disputes. Page | 26 Content may be reproduced for educational use with acknowledgement. 6. ICSID Arbitration Proceedings Concluded in 2014 – Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2014 – Outcomes: Dispute settled or proceeding otherwise discontinued 35% (see chart 7b) Dispute decided by Tribunal 65% (see chart 7a) © 2015 by International Centre for Settlement of Investment Disputes. Page | 27 Content may be reproduced for educational use with acknowledgement. Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2014 – Findings: Award declining jurisdiction 30% Award dismissing all claims 35% Award upholding claims in part or in full 35% © 2015 by International Centre for Settlement of Investment Disputes. Page | 28 Content may be reproduced for educational use with acknowledgement. Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2014 – Basis: Settlement agreement embodied in an award at parties' request2 Proceeding discontinued 22% at the request of one party1 45% Proceeding discontinued for failure of parties to act3 11% Proceeding discontinued at the request of both parties4 22% 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). No case concluded to date on the basis of Arbitration (Additional Facility) Rule 49(2). 3 ICSID Arbitration Rule 45 and Arbitration (Additional Facility) Rule 51. 4 ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1). © 2015 by International Centre for Settlement of Investment Disputes. Page | 29 Content may be reproduced for educational use with acknowledgement. 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2014 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*: Central America & Middle East & the Caribbean North Africa 3% 3% Sub-Saharan Africa South America 1% South & East Asia & 10% the Pacific 14% North America (Canada, Mexico Eastern Europe & & U.S.) Central Asia 15% 5% Western Europe 49% * 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 2014. © 2015 by International Centre for Settlement of Investment Disputes. Page | 30 Content may be reproduced for educational use with acknowledgement. Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*: 60 54 50 40 30 22 20 20 13 12 9 10 4 3 4 4 3 4 1 2 0 0 0 North America South America Central America & Middle East & Sub-Saharan Africa South & East Asia Eastern Europe & Western Europe (Canada, Mexico & the Caribbean North Africa & the Pacific Central Asia U.S.) 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: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 2014. © 2015 by International Centre for Settlement of Investment Disputes. Page | 31 Content may be reproduced for educational use with acknowledgement. Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2014 in Cases Registered under the ICSID Convention and Additional Facility Rules: Venezuela 1 Somalia 1 Singapore 1 Pakistan/United States of America 1 Nigeria 1 Morocco 1 Malaysia 1 Lebanon/France 1 Iran, Islamic Rep. of/France 1 Egypt, Arab Rep. of 1 Chile/United States of America 1 Canada/United Kingdom 1 Canada/Lebanon 1 Argentina/United States of America 1 Switzerland/Brazil 2 Sweden 2 Slovak Republic 2 Pakistan 2 Mexico State of Nationality 2 Korea, Rep.of 2 Guatemala 2 Costa Rica 2 China 2 Bangladesh 2 Argentina/Spain 2 New Zealand 3 Netherlands 3 Colombia 3 Chile 3 Austria 3 Argentina 3 United Kingdom/France 4 Italy 4 France/Sweden/Bahrain 4 United States of America/Switzerland 5 Bulgaria 5 Belgium 5 Germany 6 Canada 6 Switzerland 7 Australia 7 Spain 8 United States of America 10 United Kingdom 11 France 19 0 5 10 15 20 Number of Appointments © 2015 by International Centre for Settlement of Investment Disputes. Page | 32 Content may be reproduced for educational use with acknowledgement.