THE ICSID CASELOAD — STATISTICS (ISSUE 2019-1)

The ICSID Caseload – Statistics (Issue 2019-1)

This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2018. It is based on cases registered or administered by ICSID as of December 31, 2018. 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].

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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 December 31, 2018

6

2.

Cases Registered by ICSID Chart 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

7 7 8 8

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 Years2

9 9

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

10

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

11

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

12 12

7.

ICSID Arbitration and Conciliation Proceedings – Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes Chart 8a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Tribunal Rulings, Settlement & Discontinuances Chart 8b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Findings Chart 8c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis 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

13 13

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

18 18

5.

8. 9.

10

11

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

19

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 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 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

1 2

14 14 16 17 17

19 20 21

The data is based on ICSID statistics as of December 31, 2018. The ICSID Fiscal Year covers the period July 1 to June 30.

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PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2018 1.

New Cases Registered by ICSID in 2018 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2018

24 24

2.

Non-ICSID Cases Administered by the ICSID Secretariat in 2018 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2018

24 24

3.

Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules

25

Geographic Distribution of New ICSID Cases Registered in 2018, by State Party Involved Chart 4: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by State Party Involved Chart 5: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details

26

Distribution of New ICSID Cases Registered in 2018, by Economic Sector Chart 6: Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by Economic Sector

28

ICSID Arbitration Proceedings Concluded in 2018 – Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2018 – Outcomes Chart 7a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2018 – Tribunal Rulings, Settlement & Discontinuances Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2018 – Findings Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2018 – Basis

29 29

Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2018 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 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 Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 in Cases Registered under the ICSID Convention and Additional Facility Rules

33

4.

5.

6.

7.

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25

26 27

28

30 31 32

33

34 35

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PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID

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1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2018

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2. Cases Registered by ICSID

Chart 1: Total Number of ICSID Cases Registered, by Calendar Year: 60 50

38

37

56

48

50

40

53

52

40

38

31

30

27 27 23 19

20 12 10 11 10

25 26 21

14

10 4 1

1 2 1

4 2 2 3

4 1

1

2 1 3 3 3

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 2016 2017 2018

0

Cases Registered under the ICSID Convention and Additional Facility Rules

As of December 31, 2018, ICSID had registered 706 cases 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:

60

6

2

50

8

40 1 2 1

6 1

20 2

10 1

2 1

2

1 1

1 4 2

4 1

1

2

1

1 2

3

3

8

8

2 8

9

14

18

21

24

1

2 3

1 50

1 33

32

30

3

21

1

20

40 38

49 49 42

35

23 25

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 2016 2017 2018

1

4

3

2

2

5

1

1

30

0

4

4

4

2

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 9 (1.3%) ICSID Convention Arbitration Cases 632 (89.5%)

ICSID Additional Facility Arbitration Cases 63 (8.9%) ICSID Additional Facility Conciliation Cases 2 (0.3%)

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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: 18 16 14

4

12 10

6

1

8

2

3

6

1

4 2

5

2

4

2

6

3

12

10

9

5

7

9

8

FY2017

FY2018

0 FY2010

FY2011

FY2012

FY2013

FY2014

FY2015

Investor-State UNCITRAL Arbitrations

FY2016 Other Cases

July 1 Dec. 31, 2018

The ICSID Secretariat offers 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, free trade agreements and 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, SCC, and other institutions.

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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:

Other Treaties* 2% Energy Charter Treaty 9% North American Free Trade Agreement 3%

Investment Law of the Host-State 9%

Investment Contract between the Investor and the Host-State 16%

Bilateral Investment Treaty 60% Dominican Republic-United States-Central America Free Trade Agreement 1%

* “Other Treaties” refers to the Canada-Colombia Free Trade Agreement (4); Central America-Panama Free Trade Agreement (2); U.S.-Panama Trade Promotion Agreement (2); Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference (1); Agreement on Promotion and Reciprocal Protection of Investments in the Member States of the Eurasian Economic Community (1); ASEAN Agreement for the Promotion and Protection of Investments (1); Canada-Peru Free Trade Agreement (1); Chile-Colombia Free Trade Agreement (1); Colombia-Mexico Free Trade Agreement (1); OmanU.S. Free Trade Agreement (1); Treaty on the Eurasian Economic Union (1); U.S.-Colombia Trade Promotion Agreement (1); and U.S.-Morocco Free Trade Agreement (1).

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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*:

North America (Canada, Mexico & U.S.) 4%

Eastern Europe & Central Asia 26%

Central America & the Caribbean 6%

Western Europe 8%

South America 23% Sub-Saharan Africa 15%

South & East Asia & the Pacific 7%

Middle East & North Africa 11%

* 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.

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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*:

Agriculture, Fishing & Forestry 4% Information & Communication 6%

Oil, Gas & Mining 24%

Finance 8%

Services & Trade 3%

Electric Power & Other Energy 17%

Transportation 9%

Water, Sanitation & Flood Protection 5%

Other Industry 12% Tourism 4%

Construction 8%

* This sector classification is based on the World Bank’s sector codes, available at http://projects.worldbank.org/sector?lang=.

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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 charts 8a and 8b) Dispute settled or proceeding otherwise discontinued 36% (see charts 8a and 8c)

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Chart 8a: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Tribunal Rulings, Settlement & Discontinuances: Award upholding claims in part or in full 30.6% Proceeding discontinued at the request of both parties 17%

Proceeding discontinued at the request of one party 9.3% Award dismissing all claims 17%

Settlement agreement embodied in an award at parties' request 5% Proceeding discontinued at the Initiative of the Tribunal 0.2%

Award declining jurisdiction 16% Award deciding that the claims are manifestly without legal merit 0.6%

Proceeding discontinued for failure of parties to act 1.2%

Proceeding discontinued for lack of payment of the required advances 3.1%

Dispute decided by Tribunal (64%) Dispute settled or proceeding otherwise discontinued (36%)

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

Award declining jurisdiction 25%

Award dismissing all claims 27%

Award deciding that the claims are manifestly without legal merit* 1%

Award upholding claims in part or in full 47%

* 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.

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Chart 8c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules – Basis: Proceeding discontinued at the request of one party1 26%

Settlement agreement embodied in an award at parties' request2 13%

Proceeding discontinued at the Initiative of the Tribunal3 1% Proceeding discontinued for lack of payment of the required advances4 9% Proceeding discontinued for failure of parties to act5 3%

Proceeding discontinued at the request of both parties6 48%

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.

6

ICSID Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).

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

Conciliation Commission Report issued 78% (see chart 10)

Proceeding Discontinued 22%

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

Report recording failure of the Parties to reach agreement 86% Report recording agreement of the Parties 14%

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

180

170

160 140 120 96

100 80 60

37

40 18

20

4

0

0

0

18 13

9 1

3

0

0

1

8

1

5

5

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

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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 & Eastern Europe & the Pacific Sub-Saharan Africa Central Asia 11% 2% 3% Middle East & North Africa 4% Central America & the Caribbean 2% South America 11%

Western Europe 47%

North America (Canada, Mexico & U.S.) 20%

* 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, 2018.

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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*:

900 844 800

700

600

500 413 400 306 300

186

200

154 111

100

85

74 35

21

39

57 29

45 21

16

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

South America

Central America & the Caribbean

Appointments by ICSID

Middle East & North Africa

Sub-Saharan Africa

South & East Asia & the Pacific

Eastern Europe & Central Asia

Western Europe

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, 2018

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1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 6 6

Australia/Germany Cabo Verde Cameroon Canada/Switzerland Central African Republic Croatia Czechoslovakia Dominica Dominican Republic France/Lebanon/Ecuador France/Syria Israel/Switzerland Luxembourg Norway Pakistan/United States of America Peru/Switzerland Slovenia Sri Lanka Sudan United Kingdom/Ghana United Kingdom/Pakistan United Kingdom/Uganda United States of America/Canada Zambia Benin Chile/United States of America France/Mauritius Gabon Ghana Ireland/United States of America Japan Jordan Lebanon Lebanon/Chile Madagascar Malawi South Africa United Kingdom/Germany Bahamas Czech Republic Honduras Israel Jamaica Paraguay Portugal Serbia Togo United Kingdom/Italy United Kingdom/Nigeria Algeria Barbados Cyprus Iran, Islamic Rep. of New Zealand/United Kingdom United States of America/United Kingdom Canada/Lebanon Guyana United States of America/France Argentina/United States of America India

0

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State of Nationality of Appointee

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:

50

100 Number of Appointments

150

200

250

Switzerland/Ireland Australia/Ireland Ecuador Senegal Thailand Colombia/France Nigeria Somalia Denmark Germany/Austria Uruguay Venezuela Greece Ireland/Germany Korea, Rep.of France/Switzerland Iran, Islamic Rep. of/France Peru Philippines Bangladesh Canada/United Kingdom Finland Guatemala Lebanon/France Malaysia Morocco Switzerland/Brazil Pakistan Slovak Republic China Argentina/Spain Brazil Singapore Canada/New Zealand United States of America/Switzerland Austria United Kingdom/France France/Sweden Sweden Costa Rica Egypt, Arab Rep. of Bulgaria Colombia Netherlands New Zealand Argentina Chile Belgium Mexico Italy Germany Australia Spain Switzerland Canada United Kingdom United States of America France

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State of Nationality of Appointee

6 7 7 7 7 8 8 8 9 9 9 9 10 10 10 11 11 11 11 12 12 12 12 12 12 12 12 13 13 14 17 17 18 19 19 22 23 26 29 31 36 40 41 47 49 52 58 65 65 69 91 96 112 131 136

209 236 242 0

50

100

Number of Appointments

150

200

250

300

PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 2018

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1. New Cases Registered by ICSID in 2018 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2018: 60 49

50 40 30 20 10

6

1 0 ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2018 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2018:

16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0

15

5

Investor-State UNCITRAL Arbitrations

Other Cases

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3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules:

Eurasian Economic Union Treaty 1.5% U.S.-Colombia Trade Promotion Agreement 1.5%

Eurasian Investment Agreement 1.5% U.S.-Morocco Free Trade Agreement 1.5% Bilateral Investment Treaty 56.5%

Canada-Colombia Free Trade Agreement 5% Central America-Panama Free Trade Agreement 1.5%

Energy Charter Treaty 10%

Investment Law of the Host-State 1.5%

Investment Contract between the Investor and the Host-State 18%

Dominican RepublicUnited States-Central America Free Trade Agreement 1.5%

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4. Geographic Distribution of New ICSID Cases Registered in 2018, by State Party Involved Chart 4: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by State Party Involved*:

Eastern Europe & Central Asia 32%

Central America & the Caribbean 4% Western Europe 9%

South America 23%

Sub-Saharan Africa 11%

South & East Asia & the Pacific 5%

Middle East & North Africa 16%

* The classification of the geographic regions above is based on the World Bank’s regional system, available at https://datahelpdesk.worldbank.org/knowledgebase/articles/906519-world-bank-country-and-lending-groups, and also includes World Bank donor countries.

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Chart 5: Geographic Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by State Party Involved – Further Details*:

20

18 Armenia, 1 Azerbaijan, 1

16 Belarus, 2

14 Bulgaria, 2

Bolivia, 1

12 Cyprus, 1 Kazakhstan, 1

10 Lithuania, 1

8

Romania, 2

Colombia, 5

Algeria, 2

Serbia, 1

6

Egypt, 2 Gabon, 2 Italy, 1

Turkey, 3

Peru, 4

Kuwait, 1

4 Gambia, 1 Morocco, 2

Bangladesh Power Development Board, 1

Rwanda, 1

2

Spain, 4 Turkmenistan, 3

Qatar, 1

Senegal, 1

Saudi Arabia, 1

Togo, 1

Middle East & North Africa

Sub-Saharan Africa

Venezuela, 3

Sri Lanka, 1

Guatemala, 1

Vietnam, 1

Honduras, 1

0 Western Europe

Eastern Europe & Central Asia

South America

North America South & East Asia Central America & (Canada, Mexico & & the Pacific the Caribbean 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.

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5. Distribution of New ICSID Cases Registered in 2018, by Economic Sector Chart 6: Distribution of New Cases Registered in 2018 under the ICSID Convention and Additional Facility Rules, by Economic Sector*:

Services & Trade 4%

Finance 13%

Information & Communication 5% Agriculture, Fishing & Forestry 5%

Transportation 5%

Other Industry 9% Oil, Gas & Mining 21%

Tourism 2%

Construction 14%

Water, Sanitation & Flood Protection 2%

Electric Power & Other Energy 20%

* The sector classification is based on the World Bank’s sector codes, available at http://projects.worldbank.org/sector?lang=.

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6. ICSID Arbitration Proceedings Concluded in 2018 – Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2018 – Outcomes:

Dispute settled or proceeding otherwise discontinued 50% (see charts 7a and 7c)

Dispute decided by Tribunal 50% (see charts 7a and 7b)

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Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2018 – Tribunal Rulings, Settlement & Discontinuances:

Proceeding discontinued at the request of both parties 28%

Award upholding claims in part or in full 25%

Proceeding discontinued at the request of one party 11% Settlement agreement embodied in an award at parties' request 3% Award dismissing all claims 17%

Award declining jurisdiction 8%

Proceeding discontinued for failure of parties to act 3%

Proceeding discontinued for lack of payment of the required advances 5%

Dispute decided by Tribunal (50%) Dispute settled or proceeding otherwise discontinued (50%)

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Chart 7b: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2018 – Findings:

Award dismissing all claims 33%

Award declining jurisdiction 17%

Award upholding claims in part or in full 50%

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Chart 7c: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 2018 – Basis:

Proceeding discontinued at the request of one party1 22%

Settlement agreement embodied in an award at parties' request2 5%

Proceeding discontinued for lack of payment of the required advances3 11% Proceeding discontinued for failure of parties to act4 6%

Proceeding discontinued at the request of both parties5 56%

1

ICSID Arbitration Rule 44. No case concluded 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 Administrative & Financial Regulation 14(3)(d).

4

ICSID Arbitration Rule 45. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 51.

5 ICSID

Arbitration Rule 43(1) and Arbitration (Additional Facility) Rule 49(1).

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7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2018 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:

Central America & the Caribbean 2% South America 15%

Middle East & North Africa 4% Sub-Saharan Africa 1% South & East Asia & the Pacific 9%

Eastern Europe & Central Asia 6%

North America (Canada, Mexico & U.S.) 16%

Western Europe 47%

* 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 2018.

© 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 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*:

90

79

80

70

60

50

40 29

28

30

22 20

10

15

13

12 8 4

3

7

0

8 3

0

0

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

South America

Central America & the Caribbean

Appointments by ICSID

Middle East & North Africa

Sub-Saharan Africa

South & East Asia & the Pacific

Eastern Europe & Central Asia

Western Europe

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 2018.

© 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Page | 34

Chart 10: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 2018 in Cases Registered under the ICSID Convention and Additional Facility Rules: Austria Bahamas Barbados Canada/Lebanon Chile/United States of America Costa Rica Czech Republic France/Lebanon France/Lebanon/Ecuador France/Sweden Germany/Austria Greece Ireland/United States of America Japan New Zealand/United Kingdom Nigeria Paraguay Peru Peru/Switzerland Portugal Switzerland/United States of America United Kingdom/Pakistan Argentina/United States of America Brazil France/Switzerland Pakistan Singapore Sweden Switzerland/Brazil Switzerland/Ireland United Kingdom/France United Kingdom/Germany United Kingdom/Italy United Kingdom/Nigeria Argentina/Spain Australia/Ireland Guatemala Iran, Islamic Rep. of/France Korea, Rep. of Slovak Republic United States of America/United Kingdom Australia Egypt Ireland/Germany Netherlands New Zealand Colombia Mexico Chile Spain Argentina Canada Belgium Germany Switzerland Italy Bulgaria United Kingdom France United States of America

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

State of Nationality of Appointee

2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 4 5 5 6 7 8 8 10 10 10 11 12

15 18 19

0

2

4

6

8

10

12

14

16

18

20

Number of Appointments © 2019 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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