THE ICSID CASELOAD –

STATISTICS
 The ICSID Caseload – Statistics
(Issue 2010-1)

This document is intended to provide a profile of the ICSID caseload, historically and for 2009. It
is based on cases registered or administered by ICSID as of December 31, 2009. The analysis
examines: (1) the number of cases registered under the ICSID Convention and Additional
Facility Rules; (2) the number of other cases administered by ICSID; (3) the basis of consent to
ICSID jurisdiction invoked in registered arbitration and conciliation cases; (4) the geographic
distribution of ICSID cases by the State party to the dispute; (5) the economic sectors involved
in ICSID disputes; (6) the outcomes in ICSID cases; and (7) the nationality and geographic origins
of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases.

The ICSID Secretariat will update this information on a bi-annual basis. Any comments or
suggestions are welcome and should be addressed to the Secretariat by email to
ICSIDsecretariat@[Link].

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 TABLE OF CONTENTS 1

PART I – ALL CASES REGISTERED AND ADMINISTERED BY ICSID

1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention 6

2. Cases Registered by ICSID 7

Chart 1: Total Number of ICSID Cases Registered by Year 7
Chart 2: Number of Cases Registered by Year under the ICSID Convention and Additional Facility Rules 8
Chart 3: Type of Proceeding 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 Years 2 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 Registered ICSID Cases 10

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

Chart 6: Geographic Distribution of All ICSID Cases by State Party Involved 11

6. Distribution of All ICSID Cases by Economic Sector 12

Chart 7: Distribution of All ICSID Cases by Economic Sector 12

7. ICSID Proceedings – Outcomes 13

Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13
Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Awards 13
Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes 14
Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports 14

8. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 15

Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – Distribution of
Appointments by Geographic Region 15
Chart 13: 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 16
Chart 14: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 17

1
The data is based on ICSID statistics as of December 31, 2009.
2
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 2009

1. Cases Registered by ICSID in 2009 19

Chart 1: Number of Cases Registered under the ICSID Convention and Additional Facility Rules in 2009 19

2. Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009 19

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009 3 19

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009 20

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009 20

4. Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved 21

Chart 4: Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved 21

5. Distribution of ICSID Cases Registered in 2009 by Economic Sector 22

Chart 5: Distribution of ICSID Cases Registered in 2009 by Economic Sector 22

6. ICSID Cases Concluded in 2009 – Outcomes 23

Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 –
Outcomes 23
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 –
Awards 23

7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 24
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 –
Distribution of Appointments by Geographic Region 24
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 –
Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 25
Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 26

3
The ICSID Fiscal Year covers the period July 1 to June 30.

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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

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 2. Cases Registered by ICSID

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

40
37

35
31
30
27 27
25
25 23
21
20 19

15 14
12
11
10 10
10

5 4 4 4
3 3 3 3
2 2 2 2
1 1 1 1 1 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
Cases Registered under the ICSID Convention and Additional Facility Rules

As of December 31, 2009, ICSID had registered 305 cases under the ICSID Convention and Additional Facility Rules.

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

40

35 4
1 1
30
2
25 1 2
6 2
1
20 1

32
15 30
24 23
3 21 21
10 2 3 2 20
18
14
5 1 1 9
8 8 8
1
4 4 4 3 3
1 1 2 1 2 1 2 1 1 2 1 2
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
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases

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

ICSID Convention
Conciliation Cases
6
(2%)
ICSID Convention
Arbitration Cases
271
(89%) ICSID Additional Facility
Arbitration Cases
28
(9%)

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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:

14

12
1
1
10

8
1
6
11
2 10 10
1
4
7
6
2 4 4
3 3 3
0
FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009

UNCITRAL Cases Other Cases

The ICSID Secretariat provides various levels of administrative support for non-ICSID dispute settlement in
State-State or investor-State proceedings. The Centre also frequently acts as an appointing authority for
arbitrator appointments, and decides proposals for disqualification of an arbitrator in proceedings
conducted under the UNCITRAL arbitration rules.

Among the cases the Centre 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).

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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 Registered ICSID Cases:

Energy Charter Treaty

Treaty of Amity and
(ECT)
Cooperation in Southeast
5%
Asia (ASEAN)
1%
North American Free
Trade Agreement (NAFTA)
4%

Investment Law of the

Host-State
5% Bilateral Investment
Treaty (BIT)
62%

Investment Contract
between the Investor and
the Host-State
22%

Dominican Republic-
United States-Central
American Free Trade
Agreement
(DR-CAFTA)
1%

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

Chart 6: Geographic Distribution of All ICSID Cases by State Party Involved*:

North America
(Canada, Mexico & U.S.)
6%
Central America &
the Carribean
7% Eastern Europe &
Central Asia
22%

Western Europe
1%
South America
30%

Sub-Saharan Africa
16%

Middle East &

South & East Asia &
North Africa
the Pacific
10%
8%

* The classification of the geographic regions above is based on the World Bank’s regional system, available at
[Link] 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 ICSID Cases by Economic Sector*:

Agriculture, Fishing &

Forestry
4%
Oil, Gas & Mining
Information & 25%
Communication
6%

Finance
8%

Services &
Trade
3%

Electric Power &

Other Energy
13%

Transportation
11%

Water, Sanitation & Flood

Protection
8%
Other Industry
10%
Construction
Tourism 7%
5%

* This sector classification is based on the World Bank’s sector codes, which are available at
[Link]

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

Proceeding
Award rendered by Discontinued
Tribunal 34%
66%

Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Awards:

Award embodying
the parties'
settlement
agreement
Award on the merits 10%
69%

Award declining
ICSID jurisdiction
21%

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Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes:

Conciliation
Proceeding
Commission Report
Discontinued
issued
33%
67%

Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports:

Report recording
agreement of the
Report recording
parties
failure of the parties
25%
to reach agreement
75%

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 8. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – Distribution of
Appointments by Geographic Region*:

South & East Asia &

Sub-Saharan Africa the Pacific
2% 8% Eastern Europe &
Middle East & Central Asia
North Africa 1%
6%
Central America
& Caribbean
2%

South America
10%

Western Europe
48%

North America
(Canada, Mexico, U.S.)
23%

* The classification of the geographic regions above is based on the World Bank’s regional system, available at
[Link] and also includes World Bank donor countries.

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 Chart 13: 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*:

400

344
350

300

250

195
200

150 139

100
67
35 34 38 40
50 29 23
9 13 11 12 8 7
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
[Link] and also includes World Bank donor countries.

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Chart 14: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases:
Sudanese 1
Sri Lankan 1
South African 1
Serbian 1
Norwegian 1
Malaysian 1
Luxembourg 1
Iranian/French 1
Guatemalan 1
Dominica 1
Croatian 1
Central African 1
Swiss/Irish 2
Portuguese 2
Pakistani 2
Malagasy 2
Lebanese 2
Jordanian 2
Ghanaian 2
Gabonese 2
Finnish 2
Czech 2
Beninese 2
Barbadian 2
Togolese 3
Nigerian 3
Jamaican 3
Israeli 3
Honduran 3
Swiss/Brazilian 4
Moroccan 4
Iranian 4
Nationality of Appointee

Cypriot 4
Bangladeshi 4
Algerian 4
Indian 5
Guyanese 5
Bulgarian 5
British/French 5
Slovak 6
Singaporean 6
Peruvian 6
Austrian 6
Thai 7
Senegalese 7
Philippine 7
Ecuadorian 7
Venezuelan 8
Uruguayan 8
Lebanese/French 8
Greek 8
Danish 9
Brazilian 10
Colombian 11
Costa Rican 12
New Zealand 13
Swedish 15
Argentine 15
Belgian 24
Dutch 25
Chilean 26
Egyptian 28
German 29
Italian 31
Australian 32
Mexican 35
Spanish 45
Swiss 70
Canadian 75
British 94
French 106
U.S. 120

0 20 40 60 80 100 120 140

Number of Appointments

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 PART II

CASES REGISTERED AND ADMINISTERED

BY ICSID IN 2009

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 1. Cases Registered by ICSID in 2009
Chart 1: Number of Cases Registered under the ICSID Convention and Additional Facility Rules in 2009:

23
25

20

15

10

5 2

ICSID Convention Arbitration Cases

ICSID Additional Facility Arbitration Cases

2. Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009:

7
6
6
5
4
3
2
1
1
0

UNCITRAL Cases Other Cases

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 3. Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009:

Energy Charter Treaty

(ECT)
7%

Bilateral Investment
Investment Law of the Treaty (BIT)
Host-State 64%
4%

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

Dominican Republic-
United States-Central
American Free Trade
Agreement
(DR-CAFTA)
7%

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 4. Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved
Chart 4: Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved*:

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

Eastern Europe &

Central Asia
Central America & 28%
the Carribean
20%

Western Europe
4%

South America Sub-Saharan Africa

16% 4%

Middle East &

North Africa
South & East Asia & 16%
the Pacific
8%

* The classification of the geographic regions above is based on the World Bank’s regional system, available at
[Link] and also includes World Bank donor countries.

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 5. Distribution of ICSID Cases Registered in 2009 by Economic Sector
Chart 5: Distribution of ICSID Cases Registered in 2009 by Economic Sector*:

Information &
Communication
Agriculture, Fishing &
4%
Finance Forestry
8% 8%

Transportation
16% Oil, Gas &
Mining
24%

Other Industry
8%

Tourism
8% Electric Power &
Other Energy
16%
Construction Water, Sanitation &
4% Flood Protection
4%

* The sector classification is based on the World Bank’s sector codes, which are available at
[Link]

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 6. ICSID Cases Concluded in 2009 – Outcomes
Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 –
Outcomes:

Award rendered by
Tribunal
72% Proceeding
Discontinued
28%

Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Awards:

Award embodying
the parties'
settlement
Award on the merits
agreement
56%
11%

Award declining
ICSID jurisdiction
33%

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 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in
2009
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – Distribution of
Appointments by Geographic Region*:

Central America &

the Caribbean
4% Middle East &
North Africa
South America
9%
11%
Sub-Saharan Africa
1%

South & East Asia &

the Pacific
North America 12%
(Canada, Mexico & U.S.)
21%

Eastern Europe &

Central Asia
3%

Western Europe
39%

* The classification of the geographic regions above is based on the World Bank’s regional system, available at
[Link] and also includes World Bank donor countries.

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 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – Distribution of
Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:

35

30
30

25

20
17

15
11
10 8
6 6
5 5
4 4
5 3
2
1 1 1
0
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 classification of the geographic regions above is based on the World Bank’s regional system, available at
[Link] and also includes World Bank donor countries.

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Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009:

Swiss/Irish 1
Spanish 1
Pakistani 1
Nigerian 1
Moroccan 1
Malaysian 1
Lebanese/French 1
Jamaican 1
Iranian/French 1
German 1
Dutch 1
Bulgarian 1
Brazilian 1
Slovak 2
Nationality of Appointee

Italian 2
Guyanese 2
Colombian 2
Bangladeshi 2
New Zealand 3
Costa Rican 3
Chilean 3
British/French 3
Belgian 3
Swedish 4
Argentine 4
Australian 5
Swiss 6
Egyptian 6
British 7
Canadian 9
French 12
U.S. 13

0 2 4 6 8 10 12 14
Number of Appointments

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