27
THE ICSID CASELOAD STATISTICS (ISSUE 2012-1) Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

THE ICSID CASELOAD - documents.worldbank.org€¦ · ICSID Secretariat; the basis of consent to ICSID jurisdiction invoked in registered arbitration and conciliation cases; the geographic

  • Upload
    others

  • View
    17

  • Download
    0

Embed Size (px)

Citation preview

  • THE ICSID CASELOAD –

    STATISTICS (ISSUE 2012-1)

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    Pub

    lic D

    iscl

    osur

    e A

    utho

    rized

    wb350881Typewritten Text68312

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 2

    The ICSID Caseload – Statistics

    (Issue 2012-1)

    This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2011. It is based on cases registered or administered by ICSID as of December 31, 2011.

    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, and welcomes any comments or suggestions by email at [email protected].

    mailto:[email protected]

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. 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, 2011 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 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 ICSID Cases – Distribution of Appointments by Geographic Region 16 Chart 14: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – 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 ICSID Cases Registered under the ICSID Convention and Additional Facility Rules 18

    1 The data is based on ICSID statistics as of December 31, 2011. 2 The ICSID Fiscal Year covers the period July 1 to June 30.

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 4

    PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2011

    1. New Cases Registered by ICSID in 2011 20 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2011 20

    2. Non-ICSID Cases Administered by the ICSID Secretariat in 2011 20 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2011 20

    3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 21 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules 21

    4. Geographic Distribution of New ICSID Cases Registered in 2011, by State Party Involved 22 Chart 4: Geographic Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by State Party Involved 22

    5. Distribution of New ICSID Cases Registered in 2011, by Economic Sector 23 Chart 5: Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by Economic Sector 23

    6. ICSID Arbitration Proceedings Concluded in 2011 – Outcomes 24 Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2011 – Outcomes 24 Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2011 – Outcomes 24

    7. Arbitrators and ad hoc Committee Members Appointed in ICSID Cases in 2011 25 Chart 8: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 25 Chart 9: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases 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 and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules 27

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 5

    PART I

    ALL CASES REGISTERED AND ADMINISTERED BY ICSID

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 6

    1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2011

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 7

    2. Cases Registered by ICSID

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

    As of December 31, 2011, ICSID had registered 369 cases under the ICSID Convention and Additional Facility Rules.

    1

    4

    12

    12 2

    34

    1

    4

    12

    13 3 3

    1011

    1012

    14

    19

    31

    27 27

    23

    37

    21

    2526

    38

    0

    5

    10

    15

    20

    25

    30

    35

    40

    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

    Cases Registered under the ICSID Convention and Additional Facility Rules

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. 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 24

    14

    1 2 1 2 3 38 8 8 9

    1418

    30

    2124

    21

    32

    2023 25

    33

    1 11

    1

    1

    1 1

    2 3 2 3

    1

    6

    2

    2

    4

    1

    21

    4

    0

    5

    10

    15

    20

    25

    30

    35

    40

    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

    ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases

    ICSID Convention Arbitration Cases

    329(89%)

    ICSID Convention Conciliation Cases

    7(2%)

    ICSID Additional Facility Arbitration Cases

    33(9%)

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. 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.

    3 3 3

    10 11 10

    7 64

    6

    3

    11

    13

    1

    0

    2

    4

    6

    8

    10

    12

    14

    FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 July 1 -Dec. 31,

    2011UNCITRAL Cases Other Cases

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. 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 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%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. 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 America30%

    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 Pacific8%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. 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

    5% Oil, Gas & Mining25%

    Electric Power & Other Energy

    13%

    Water, Sanitation & Flood Protection

    6%

    Construction7%

    Tourism5%

    Other Industry11%

    Transportation11%

    Services & Trade

    4%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 13

    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

    61%

    Dispute settled or proceeding otherwise

    discontinued39%

    Award deciding that the claims are

    manifestly without legal merit

    1%*

    Award declining jurisdiction

    23%

    Award dismissing all claims30%

    Award upholding claims in part or in full

    46%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 14

    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.

    Content may be reproduced for educational use with acknowledgement. Page | 15

    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

    14

    0 1 1

    13

    30 3 08

    00 0 15 5

    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

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 16

    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 December 31, 2011.

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

    23%

    South America10%

    Central America & the Caribbean

    2%

    Middle East & North Africa

    5%

    Sub-Saharan Africa2%

    South & East Asia & the Pacific

    9% Eastern Europe & Central Asia

    2%

    Western Europe47%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 17

    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 December 31, 2011.

    43 3810

    24 13

    46

    10

    168

    235

    88

    1440

    15

    66

    10

    408

    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)

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 18

    Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules:

    144133

    11193

    7957

    4140

    3934

    3331

    3028

    2524

    1915

    1411

    99

    888888

    777777

    666

    55

    4444444

    333333333

    22222222222

    11111111111111

    0 20 40 60 80 100 120 140 160

    U.S.FrenchBritish

    CanadianSwiss

    SpanishMexican

    AustralianGerman

    ItalianChilean

    EgyptianBelgian

    DutchArgentine

    New ZealandColombian

    SwedishCosta Rican

    BrazilianDanish

    PhilippineBangladeshi

    British/FrenchGreek

    Lebanese/FrenchUruguayan

    VenezuelanAustrian

    BulgarianEcuadorianSenegalese

    SlovakThai

    IndianPeruvian

    SingaporeanGuyaneseMoroccan

    AlgerianCypriotFinnishIranian

    MalaysianPakistani

    Swiss/BrazilianChinese

    Colombian/FrenchHonduran

    Iranian/FrenchIsraeli

    JamaicanLebaneseNigerianTogolese

    BarbadianBeninese

    Czech (one czechoslovak)GaboneseGhanaianJordanianMalagasyMalawian

    PortugueseSerbian

    Swiss/IrishBrazilian/French

    CameroonianCentral African

    CroatianDominica

    French/MauritianGuatemalanLuxembourg

    NorwegianSlovenia

    SomaliSouth African

    Sri LankanSudanese

    Number of Appointments

    Nat

    iona

    lity

    of A

    ppoi

    ntee

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 19

    PART II

    CASES REGISTERED AND ADMINISTERED BY ICSID IN 2011

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 20

    1. New Cases Registered by ICSID in 2011

    Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2011:

    2. Non-ICSID Cases Administered by the ICSID Secretariat in 2011

    Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2011:

    33

    14

    0

    5

    10

    15

    20

    25

    30

    35

    ICSID Convention Arbitration Cases

    ICSID Convention Conciliation Cases

    ICSID Additional Facility Arbitration Cases

    4

    1

    0

    1

    2

    3

    4

    5

    UNCITRAL Cases Other Cases

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 21

    3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011

    Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules:

    Bilateral Investment Treaty (BIT)

    76%

    Investment Contract between the Investor and

    the Host-State10%

    Investment Law of the Host-State

    10%

    Energy Charter Treaty (ECT)

    2%

    Agreement between the United States of America

    and the Sultanate of Oman on the

    Establishment of a Free Trade Area

    (Oman-U.S. FTA)2%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 22

    4. Geographic Distribution of New ICSID Cases Registered in 2011, by State Party Involved

    Chart 4: Geographic Distribution of New Cases Registered in 2011 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 America34%

    Eastern Europe & Central Asia

    29%

    Sub-Saharan Africa11%

    Middle East & North Africa

    13%

    South & East Asia & the Pacific

    13%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 23

    5. Distribution of New ICSID Cases Registered in 2011, by Economic Sector

    Chart 5: Distribution of New Cases Registered in 2011 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.

    Finance3%

    Information & Communication

    3%

    Agriculture, Fishing & Forestry

    5%

    Oil, Gas & Mining26%

    Electric Power & Other Energy

    3%

    Water, Sanitation & Flood Protection

    3%

    Construction5%

    Tourism5%

    Other Industry21%

    Transportation16%

    Services & Trade10%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 24

    6. ICSID Arbitration Proceedings Concluded in 2011 – Outcomes

    Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2011 – Outcomes:

    Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2011 – Outcomes:

    Dispute decided by Tribunal

    60%

    Dispute settled or proceeding otherwise

    discontinued40%

    Award declining jurisdiction

    25%

    Award dismissing all claims25%

    Award upholding claims in part or in full

    50%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 25

    7. Arbitrators and ad hoc Committee Members Appointed in ICSID Cases in 2011

    Chart 8: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases 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 2011.

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

    19%

    South America21%

    Central America & the Caribbean

    2% Middle East & North Africa

    3%

    Sub-Saharan Africa3%

    South & East Asia & the Pacific

    15%

    Eastern Europe & Central Asia

    2%

    Western Europe35%

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 26

    Chart 9: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases 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 2011.

    5

    10

    12 2

    5

    2

    13

    2018

    12 2

    15

    1

    34

    0

    5

    10

    15

    20

    25

    30

    35

    40

    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)

  • © 2012 by International Centre for Settlement of Investment Disputes.

    Content may be reproduced for educational use with acknowledgement. Page | 27

    Chart 10: Nationality of Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules:

    11101010

    88

    77

    65

    444

    333

    2222222

    1111111111111111

    0 2 4 6 8 10 12

    U.S.British

    CanadianFrench

    ArgentineChilean

    ColombianSpanish

    AustralianBelgian

    MexicanNew Zealand

    SwissChinese

    Colombian/FrenchGermanAustrian

    BangladeshiBritish/French

    BulgarianCosta Rican

    ItalianPhilippine

    BrazilianBrazilian/French

    CameroonianDutch

    EgyptianFinnish

    French/MauritianIndian

    Iranian/FrenchLebaneseMalawianMalaysianMoroccan

    PakistaniSlovenian

    Somali

    Number of Appointments

    Nat

    iona

    lity

    of A

    ppoi

    ntee

    PART IAll Cases Registered and Administeredby ICSID1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 20112. Cases Registered by ICSIDChart 1: Total Number of ICSID Cases Registered by Calendar Year: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:

    3. Non-ICSID Cases Administered by the ICSID SecretariatChart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years:

    4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID CasesChart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules:

    5. Geographic Distribution of All ICSID Cases by State Party InvolvedChart 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 SectorChart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by Economic Sector*:

    7. ICSID Arbitration and Conciliation Proceedings – OutcomesChart 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:Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes:/Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports:

    8. Annulment Proceedings under the ICSID Convention – OutcomesChart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:

    /9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID CasesChart 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*: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 Geog...Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules: /

    PART IICases Registered and Administeredby ICSID in 20111. New Cases Registered by ICSID in 2011Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2011:

    2. Non-ICSID Cases Administered by the ICSID Secretariat in 2011Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2011:

    3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules:

    4. Geographic Distribution of New ICSID Cases Registered in 2011, by State Party InvolvedChart 4: Geographic Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by State Party Involved*:

    5. Distribution of New ICSID Cases Registered in 2011, by Economic SectorChart 5: Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by Economic Sector*:

    6. ICSID Arbitration Proceedings Concluded in 2011 – OutcomesChart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2011 – Outcomes:Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2011 – Outcomes:

    7. Arbitrators and ad hoc Committee Members Appointed in ICSID Cases in 2011Chart 8: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:Chart 9: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules– Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:Chart 10: Nationality of Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules: