THE ICSID CASELOAD STATISTICS (ISSUE 06 )
The ICSID Caseload Statistics (Issue 06 ) This issue of the ICSID Caseload Statistics updates the profile of the ICSID caseload, historically and for the calendar year 05. It is based on cases registered or administered by ICSID as of December, 05. 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. 06 by International Centre for Settlement of Investment Disputes. Page
TABLE OF CONTENTS PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December, 05 6. Cases Registered by ICSID 7 Chart : Total Number of ICSID Cases Registered, by Calendar Year 7 Chart : Number of Cases Registered under the ICSID Convention and Additional Facility Rules, by Calendar Year 8 Chart : Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8. Non ICSID Cases Administered by the ICSID Secretariat 9 Chart : Number of Non ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years 9. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 0 Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules 0 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 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 7. ICSID Arbitration and Conciliation Proceedings Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules Basis 5 Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Outcomes 6 Chart 0: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Commission Reports 6 8. Annulment Proceedings under the ICSID Convention Outcomes 7 Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 7 9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 8 Chart : 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 8 Chart : 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 9 Chart : State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules 0 The data is based on ICSID statistics as of December, 05. The ICSID Fiscal Year covers the period July to June 0. 06 by International Centre for Settlement of Investment Disputes. Page
PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 05. New Cases Registered by ICSID in 05 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 05. Non ICSID Cases Administered by the ICSID Secretariat in 05 Chart : Number of Non ICSID Cases Administered by the ICSID Secretariat in 05. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 05 Chart : Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules. Geographic Distribution of New ICSID Cases Registered in 05, by State Party Involved Chart : Geographic Distribution of New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules, by State Party Involved Chart 5: Geographic Distribution of New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details 5 5. Distribution of New ICSID Cases Registered in 05, by Economic Sector 6 Chart 6: Distribution of New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules, by Economic Sector 6 6. ICSID Arbitration Proceedings Concluded in 05 Outcomes 7 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 05 Outcomes 7 Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 05 Findings 8 Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 05 Basis 9 7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 05 0 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 05 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region 0 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 05 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 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 05 in Cases Registered under the ICSID Convention and Additional Facility Rules 06 by International Centre for Settlement of Investment Disputes. Page
PART I ALL CASES REGISTERED AND ADMINISTERED BY ICSID 06 by International Centre for Settlement of Investment Disputes. Page 5
. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December, 05 06 by International Centre for Settlement of Investment Disputes. Page 6
. Cases Registered by ICSID Chart : Total Number of ICSID Cases Registered, by Calendar Year: 60 50 50 5 0 7 8 0 8 0 0 0 0 7 7 5 6 9 0 0 97 97 97 975 976 977 978 979 980 98 98 98 98 985 986 987 988 989 990 99 99 99 99 995 996 997 998 999 000 00 00 00 00 005 006 007 008 009 00 0 0 0 0 05 Cases Registered under the ICSID Convention and Additional Facility Rules As of December, 05, ICSID had registered 59 cases under the ICSID Convention and Additional Facility Rules. 06 by International Centre for Settlement of Investment Disputes. Page 7
Chart : Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year: 60 50 0 0 0 0 0 8 8 8 9 8 6 50 0 8 0 5 8 5 0 97 97 97 975 976 977 978 979 980 98 98 98 98 985 986 987 988 989 990 99 99 99 99 995 996 997 998 999 000 00 00 00 00 005 006 007 008 009 00 0 0 0 0 05 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Conciliation Cases Chart : Type of Cases Registered under the ICSID Convention and Additional Facility Rules: ICSID Convention Arbitration Cases 9 (89.6%) ICSID Convention Conciliation Cases 7 (.%) ICSID Additional Facility Arbitration Cases 8 (8.7%) ICSID Additional Facility Conciliation Cases (0.%) 06 by International Centre for Settlement of Investment Disputes. Page 8
. Non ICSID Cases Administered by the ICSID Secretariat Chart : Number of Non ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years: 0 8 6 0 0 7 6 6 FY007 FY008 FY009 FY00 FY0 FY0 FY0 FY0 FY05 July Dec., Investor State UNCITRAL Arbitrations Other Cases 05 5 0 9 6 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 960, and an arbitration under the Softwood Lumber Agreement of 006 (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. 06 by International Centre for Settlement of Investment Disputes. Page 9
. 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: Energy Charter Treaty (ECT) 8.8% Oman U.S. Free Trade Agreement (Oman U.S. FTA) 0.% Canada Peru Free Trade Agreement (Canada Peru FTA) 0.% Central America Panama Free Trade Agreement 0.% ASEAN Agreement for the Promotion and Protection of Investments 0.% North American Free Trade Agreement (NAFTA).9% Bilateral Investment Treaty (BIT) 60.% Investment Law of the Host State 9.% Investment Contract between the Investor and the Host State 7.% Dominican Republic United States Central America Free Trade Agreement (DR CAFTA) 0.8% 06 by International Centre for Settlement of Investment Disputes. Page 0
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*: Central America & the Caribbean 6% North America (Canada, Mexico & U.S.) % Eastern Europe & Central Asia 5% Western Europe 7% South America % Sub Saharan Africa 6% South & East Asia & the Pacific 8% Middle East & North Africa 0% * 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. 06 by International Centre for Settlement of Investment Disputes. Page
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*: Information & Communication 6% Agriculture, Fishing & Forestry % Oil, Gas & Mining 6% Finance 7% Services & Trade % Transportation 9% Electric Power & Other Energy 7% Other Industry % Tourism % Construction 7% Water, Sanitation & Flood Protection 5% * This sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 06 by International Centre for Settlement of Investment Disputes. Page
7. ICSID Arbitration and Conciliation Proceedings Outcomes Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules Outcomes: Dispute decided by Tribunal 6% (see chart 8a) Dispute settled or proceeding otherwise discontinued 6% (see chart 8b) 06 by International Centre for Settlement of Investment Disputes. Page
Chart 8a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules Findings: Award declining jurisdiction % Award dismissing all claims 9% Award deciding that the claims are manifestly without legal merit* % Award upholding claims in part or in full 6% * Pursuant to ICSID Arbitration Rule (5) and Article 5(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 006, 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. 06 by International Centre for Settlement of Investment Disputes. Page
Chart 8b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules Basis: Proceeding discontinued at the request of one party 7% Settlement agreement embodied in an award at parties' request 5% Proceeding discontinued at the Initiative of the Tribunal % Proceeding discontinued for lack of payment of the required advances 8% Proceeding discontinued for failure of parties to act 5 % Proceeding discontinued at the request of both parties 6 7% ICSID Arbitration Rule. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule () and Arbitration (Additional Facility) Rule 9(). In accordance with Article of the ICSID Convention. ICSID Administrative & Financial Regulation ()(d). 5 ICSID Arbitration Rule 5 and Arbitration (Additional Facility) Rule 5. 6 ICSID Arbitration Rule () and Arbitration (Additional Facility) Rule 9(). 06 by International Centre for Settlement of Investment Disputes. Page 5
Chart 9: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Outcomes: Conciliation Commission Report issued 75% (see chart 0) Proceeding Discontinued 5% Chart 0: Conciliation Proceedings under the ICSID Convention and Additional Facility Rules Commission Reports: Report recording failure of the Parties to reach agreement 8% Report recording agreement of the Parties 7% 06 by International Centre for Settlement of Investment Disputes. Page 6
8. Annulment Proceedings under the ICSID Convention Outcomes Chart : Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade: 0 00 96 96 80 60 0 0 0 8 8 9 8 0 0 5 0 0 0 97 980 98 990 99 000 00 00 0 5 Number of Convention awards rendered Number of decisions annulling the award in part or in full Number of decisions rejecting the application for annulment Number of annulment proceedings discontinued 06 by International Centre for Settlement of Investment Disputes. Page 7
9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases Chart : 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*: Central America & the Caribbean % Middle East & North Africa % Sub Saharan Africa % South & East Asia & the Pacific 0% Eastern Europe & Central Asia % South America 0% Western Europe 8% North America (Canada, 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December, 05. 06 by International Centre for Settlement of Investment Disputes. Page 8
Chart : 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*: ** 700 68 600 500 00 00 9 00 00 0 6 55 North America (Canada, Mexico & U.S.) South America 8 7 Central America & the Caribbean Appointments by ICSID 8 Middle East & North Africa 7 Sub Saharan Africa 78 South & East Asia & the Pacific Eastern Europe & Central Asia Appointments by the Parties (or Party appointed Arbitrators) Western Europe * The geographical classification is based on the World Bank s regions as set forth at http://web.worldbank.org/wbsite/external/countries/0,,pagepk:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December, 05. ** Excluding one appointment made by an external appointing authority pursuant to the relevant provision in the applicable investment treaty. 06 by International Centre for Settlement of Investment Disputes. Page 9
Chart : State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules: State of Nationality of Appointee United States of America/Canada United Kingdom/Ghana Sudan Sri Lanka South Africa Slovenia Paraguay Pakistan/United States of America Norway Luxembourg Lebanon/Chile Japan Israel/Switzerland Ireland/United States of America Dominica Croatia Chile/United States of America Central African Republic Canada/Switzerland Canada/Lebanon Cameroon Cabo Verde Argentina/United States of America Portugal Malawi Madagascar Lebanon Jordan Ghana Gabon France/Mauritius Czech Republic Benin Togo Serbia Jamaica Israel Honduras Barbados Australia/Ireland United States of America/France Switzerland/Ireland Korea, Rep.of Nigeria Iran, Islamic Rep. of Cyprus Algeria France/Switzerland Guyana India Thailand Somalia Senegal Peru Germany/Austria Ecuador Switzerland/Brazil Iran, Islamic Rep. of/france Colombia/France Venezuela Uruguay Slovak Republic Pakistan Malaysia Guatemala Greece Denmark China Philippines Finland Morocco Lebanon/France Bangladesh Singapore Canada/United Kingdom Brazil Argentina/Spain Canada/New Zealand Austria United States of America/Switzerland United Kingdom/France Bulgaria France/Sweden/Bahrain Sweden Costa Rica Argentina Egypt, Arab Rep. of Colombia New Zealand Netherlands Belgium Chile Italy Mexico Germany Australia Spain Switzerland Canada United Kingdom United States of America France 5 5 6 7 7 7 7 7 7 8 8 8 9 9 9 9 9 9 9 9 9 0 0 6 7 7 9 7 9 0 6 8 50 5 65 69 88 0 0 0 60 80 00 0 0 60 80 00 Number of Appointments 07 07 58 86 89 Page 0 06 by International Centre for Settlement of Investment Disputes.
PART II CASES REGISTERED AND ADMINISTERED BY ICSID IN 05 06 by International Centre for Settlement of Investment Disputes. Page
. New Cases Registered by ICSID in 05 Chart : Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 05: 60 50 50 0 0 0 0 0 ICSID Convention Arbitration Cases ICSID Additional Facility Arbitration Cases. Non ICSID Cases Administered by the ICSID Secretariat in 05 Chart : Number of Non ICSID Cases Administered by the ICSID Secretariat in 05: 7 6 6 5 0 Investor State UNCITRAL Arbitrations Other Cases 06 by International Centre for Settlement of Investment Disputes. Page
. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 05 Chart : Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules: Central America Panama Free Trade Agreement % Bilateral Investment Treaty (BIT) 6% Energy Charter Treaty (ECT) % North American Free Trade Agreement (NAFTA) % Investment Law of the Host State 8% Investment Contract between the Investor and the Host State 8% 06 by International Centre for Settlement of Investment Disputes. Page
. Geographic Distribution of New ICSID Cases Registered in 05, by State Party Involved Chart : Geographic Distribution of New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules, by State Party Involved*: Eastern Europe & Central Asia % Western Europe 7% North America (Canada, Mexico & U.S.) % Central America & the Caribbean % South America % South & East Asia & the Pacific % Middle East & North Africa % Sub Saharan Africa 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. 06 by International Centre for Settlement of Investment Disputes. Page
Chart 5: Geographic Distribution of New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules, by State Party Involved Further Details*: 0 8 Austria, 6 Italy, Albania, 0 Bulgaria, 8 Spain, 5 Croatia, Cyprus, Cabo Verde, 6 Kazakhstan, Cameroon, Guinea, Egypt, Kosovo, Romania, Kenya, Jordan, 0 Turkey, Ukraine, Western Europe Eastern Europe & Central Asia Senegal, Tanzania, Uganda, Sub Saharan Africa Lebanon, Libya, Oman, Middle East & North Africa Canada, Mexico, North America Argentina, Korea, Timor Leste, South America South & East Asia & the Pacific Panama, Central America & the Caribbean * 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. 06 by International Centre for Settlement of Investment Disputes. Page 5
5. Distribution of New ICSID Cases Registered in 05, by Economic Sector Chart 6: Distribution of New Cases Registered in 05 under the ICSID Convention and Additional Facility Rules, by Economic Sector*: Services & Trade % Finance 9% Information & Communication 8% Other Industry % Transportation 8% Oil, Gas & Mining 9% Tourism % Construction 6% Electric Power & Other Energy % * The sector classification is based on the World Bank s sector codes, available at http://siteresources.worldbank.org/projects/resources/sectorcodeslists.pdf. 06 by International Centre for Settlement of Investment Disputes. Page 6
6. ICSID Arbitration Proceedings Concluded in 05 Outcomes Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 05 Outcomes: Dispute decided by Tribunal 6% (see chart 7a) Dispute settled or proceeding otherwise discontinued 6% (see chart 7b) 06 by International Centre for Settlement of Investment Disputes. Page 7
Chart 7a: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 05 Findings: Award declining jurisdiction 0% Award dismissing all claims % Award upholding claims in part or in full 7% 06 by International Centre for Settlement of Investment Disputes. Page 8
Chart 7b: Disputes Settled or Proceedings Otherwise Discontinued under the ICSID Convention and Additional Facility Rules in 05 Basis: Proceeding discontinued at the request of one party % Proceeding discontinued at the request of both parties 5 59% Settlement agreement embodied in an award at parties' request % Proceeding discontinued for lack of payment of the required advances % Proceeding discontinued for failure of parties to act 6% ICSID Arbitration Rule. No case concluded to date on the basis of Arbitration (Additional Facility) Rule 50. ICSID Arbitration Rule () and Arbitration (Additional Facility) Rule 9(). ICSID Administrative and Financial Regulations ()(d). ICSID Arbitration Rule 5 and Arbitration (Additional Facility) Rule 5. 5 ICSID Arbitration Rule () and Arbitration (Additional Facility) Rule 9(). 06 by International Centre for Settlement of Investment Disputes. Page 9
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 05 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 05 in Cases Registered under the ICSID Convention and Additional Facility Rules Distribution of Appointments by Geographic Region*: Middle East & North Africa % Central America & the Caribbean 5% Sub Saharan Africa % South & East Asia & the Pacific % Eastern Europe & Central Asia % South America 5% Western Europe 50% North America (Canada, Mexico & U.S.) 9% * 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 05. 06 by International Centre for Settlement of Investment Disputes. Page 0
Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in 05 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*: ** 80 7 70 60 50 0 0 8 0 5 9 0 0 7 North America (Canada, Mexico & U.S.) 6 South America 7 Central America & the Caribbean Middle East & North Africa Sub Saharan Africa 9 South & East Asia & the Pacific 0 5 Eastern Europe & Central Asia Western Europe 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:8069~thesitepk:697,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 05. ** Excluding one appointment made by an external appointing authority pursuant to the relevant provision in the applicable bilateral investment treat. 06 by International Centre for Settlement of Investment Disputes. Page
Chart 0: State of Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in 05 in Cases Registered under the ICSID Convention and Additional Facility Rules: State of Nationality of Appointee United States of America/Switzerland United Kingdom/France Switzerland/Israel Switzerland/Ireland Singapore Serbia Peru Paraguay Pakistan Mexico Lebanon/Chile Korea, Rep.of Ireland/United States of America Colombia/France Cabo Verde Barbados Bangladesh United States of America/France Sweden Somalia Malaysia Iran, Islamic Rep. of/france France/Switzerland France/Sweden/Bahrain Canada/United Kingdom Australia/Ireland Netherlands Morocco Germany/Austria Costa Rica Canada/New Zealand Austria Argentina Finland Colombia Bulgaria New Zealand Guatemala Belgium Spain Italy Switzerland Australia United States of America Germany Canada United Kingdom France 5 5 5 6 6 7 0 5 0 5 0 5 Number of Appointments 0 06 by International Centre for Settlement of Investment Disputes. Page