CIADI - Annual report 2003

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES

ICSID ANNUAL REPORT 2003ICSID ANNUAL REPORT 2003

INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTESINTERNATIONAL CENTRE FOR

SETTLEMENT OF INVESTMENT DISPUTES September 8, 2003

Dear Mr. Chairman, Pursuant to Administrative and Financial Regulation 5(4), I am pleased to submit to the Administrative Council for its approval the Annual Report on the Operation of the International Centre for Settlement of Investment Disputes required by Article 6(1)(g) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. This Annual Report covers the fiscal year July 1, 2002 to June 30, 2003. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 19. Sincerely yours, Antonio R. Parra Acting Secretary-General Mr. James D. Wolfensohn Chairman Administrative Council International Centre for Settlement of Investment Disputes E

T TLEM EN T O F IN V E S T M E N T DISPU

T

E • INTERN AT IO N A L C E N TRE FOR

•

I C S I DCONTENTS

Introduction 3 Signatures and Ratifications 3 Disputes Before the Centre 4 Panels of Conciliators and of Arbitrators 5 Publications 5 Conferences 6 Thirty-sixth Annual Meeting of the Administrative Council 7 Finance 8

ANNEXES

1. List of Contracting States and Other Signatories of the Convention 9

2. Disputes Before the Centre 14

3. Panels of Conciliators and of Arbitrators 32

4. ICSID Documents and Publications 34

5. Resolutions Adopted by the Administrative Council 36

6. Report and Financial Statements 37

ICSIDINTRODUCTION The past year was one of significant further growth for ICSID. Five more countries joined the Centre. The caseload grew at a record-breaking pace: over 25 new arbitration cases were registered. They raised to 63 the number of cases pending under the ICSID Convention or ICSID Additional Facility Rules. Most of these cases were brought to ICSID under the numerous bilateral investment treaties that provide for the settlement of investment disputes by ICSID arbitration. Several of the cases were brought under multilateral treaties with similar provisions; these notably include the North American Free Trade Agreement (NAFTA). ICSID also continued the publications program that makes the Centre a leading source of information and analysis on foreign investment law. Three releases of the Centre’s collections of investment laws and treaties were published as were two issues of the ICSID Review—Foreign Investment Law Journal. Partnerships with other arbitration institutions were enhanced by participation in the International Federation of Commercial Arbitration Institutions (IFCAI) and the publishing by ICSID of the IFCAI Newsletter. Staff presentations at arbitration conferences and seminars continued to be a further important means of disseminating knowledge about ICSID and its activities. Another highlight of the fiscal year was the adoption by the Administrative Council, on the proposal of the Secretariat, of new amendments of the ICSID Regulations and Rules and Additional Facility Rules. The amendments were the first made to the ICSID Regulations and Rules for almost 20 years and the first ever to the Additional Facility Rules. The resulting streamlining and updating of the Regulations and Rules should assist the Centre in the administration of its expanding caseload. Details of these and other developments in fiscal year 2003 are set forth

below. SIGNATURES AND RATIFICATIONS During the year, the ICSID Convention was signed by four more countries: Brunei Darussalam, Lebanon, Serbia and Montenegro, and Timor-Leste. This increased the number of signatories to 154. Five countries took the final step towards becoming Contracting States and members of ICSID by depositing instruments of ratification of the Convention. These were Brunei Darussalam, ANNUAL REPORT 2003 3Guatemala, Lebanon, St. Vincent and the Grenadines, and Timor-Leste. With these ratifications, the number of Contracting States reached 139. A complete list of the Contracting States and other signatories of the Convention appears in Annex 1. DISPUTES BEFORE THE CENTRE In fiscal year 2003, ICSID registered 26 new arbitration cases under the ICSID Convention or the ICSID Additional Facility Rules. They raised to 129 the total number of cases registered by ICSID. Including the newly registered cases, there were 63 ICSID Convention and Additional Facility arbitration proceedings pending before the Centre during the year. Of these cases, 47 were submitted to ICSID under the dispute-settlement provisions of bilateral investment treaties; 6 under the corresponding provisions of the NAFTA; 7 pursuant to arbitration clauses of investment contracts between the parties; and 3 under the arbitration provisions of investment laws. Almost half of the cases before ICSID involved Western Hemisphere countries. Most of the remaining cases were, by major region, evenly divided among countries in Eastern Europe and Central Asia, the Middle East and North Africa, and Sub-Saharan Africa. The investments underlying the cases included equity contributions, concession agreements and other contractual forms of investment in virtually all economic sectors. During the year, 16 new ICSID arbitral tribunals were established. Altogether,

there were in fiscal year 2003, 45 persons from 21 countries serving as ICSID arbitrators. Proceedings before them were conducted in English in about half the cases. In the other half of the cases, French and/or Spanish were procedural languages. In one of the cases before ICSID in fiscal year 2003, the proceeding was discontinued following an amicable settlement by the parties of their dispute. In another case, the proceeding was discontinued because of non-payment of the required advances. Arbitral awards were issued in seven further cases. Four of those awards upheld the claims involved in whole or in part. The three other awards dismissed the claims on the merits or for lack of jurisdiction. Article 52 of the ICSID Convention provides for the possible annulment of an arbitral award by a three-member ad hoc committee. During the year, a ICSID4ANNUAL REPORT 2003 5 decision was rendered by such a committee partially annulling the award concerned. A party may also seek the rectification and interpretation of an award. In fiscal year 2003, a tribunal partially granted a request for the rectification of its award and denied a request for interpretation of the award. In another case, a decision on a request for rectification was rendered by an ad hoccommittee. In addition to administering cases governed by the ICSID Convention and the Additional Facility Rules, the Centre has, at the request of the parties and tribunals concerned, agreed to provide administrative services for NAFTA Investment Chapter cases initiated under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). During the year, ICSID provided such services for three NAFTA/UNCITRAL Arbitration Rules cases. Annex 2 provides a chronology of developments in each of the ICSID Convention and Additional Facility cases before ICSID in fiscal year 2003.

PANELS OF CONCILIATORS AND OF ARBITRATORS Under the Convention, ICSID maintains a Panel of Conciliators and a Panel of Arbitrators. Each Contracting State may designate up to four persons to each Panel. The Chairman of the Administrative Council may designate up to 10 persons to each Panel. In the course of the year, new designations to the Panels were made by seven Contracting States: Austria, Bulgaria, Cyprus, Slovenia, Sri Lanka, United States and Venezuela. The names of the designees are provided in Annex 3. With these new designations, there are now 496 members of the Panels. The complete list of Panel members is posted on the website of ICSID. PUBLICATIONS Fiscal year 2003 marked the thirtieth anniversary of the launching of ICSID’s first publication in the field of foreign investment law. This is the Centre’s continuously updated loose-leaf collection of Investment Laws of the World. During the year, one new release was issued for this collection. The new release contained the laws of five countries: Brazil, El Salvador, Kazakhstan, Serbia and Montenegro, and Solomon Islands. With these additions, the collection contains the basic investment laws of 131 countries.ICSID has for 20 years published a similar collection of Investment Treaties. In the past year, two new releases were added to this second collection. They contained the texts of 40 bilateral investment treaties, bringing to over 900 the total number of treaties in the collection. Since 1986, the Centre has also published the semiannual ICSID Review— Foreign Investment Law Journal . The Fall 2002 and Spring 2003 issues of the journal were completed in fiscal year 2003. The Fall 2002 issue included articles on emerging multilateral investment rules and on jurisdictional challenges in arbitrations under the Investment Chapter of the NAFTA. Articles on investing in the energy sector in Latin America and on arbitrating expropriation claims were included in the Spring 2003 issue. During the year, two issues of News from ICSID were published. The Winter 2002 issue featured an article on the new amendments of the Regulations and

ing in the energy sector in Latin America and on arbitrating expropriation claims were included in the Spring 2003 issue. During the year, two issues of News from ICSID were published. The Winter 2002 issue featured an article on the new amendments of the Regulations and Rules of ICSID and an overview of the changing landscape of international commercial arbitration. The Spring 2003 issue included a paper on applicable law in arbitrations involving States. ICSID is a member of the International Federation of Commercial Arbitration Institutions (IFCAI) and is represented on IFCAI’s governing Council. ICSID has assumed responsibility for compiling and publishing the semiannual IFCAI Newsletter.The first two issues of the IFCAI Newsletter to be published by the Centre appeared in fiscal year 2003. ICSID continued to update its website <www.worldbank.org/icsid> with information about the Centre and its activities. With the consent of the parties, the Centre posts on the website the texts of decisions and awards rendered in ICSID cases. Decisions and awards from four cases were posted on the website in fiscal year 2003. A complete list of the Centre’s publications appears in Annex 4. CONFERENCES ICSID co-sponsors, with the American Arbitration Association and the International Court of Arbitration of the International Chamber of Commerce, a series of annual colloquia on international arbitration. The nineteenth colloquium in this series was held in New York City on November 8, 2002. It ICSID6addressed current evidentiary issues; assessing damages in international arbitration; institutional developments; and the selection and challenge of arbitrators. ICSID staff participated in several further conferences organized by international organizations and arbitration institutions. These included the International Federation of Commercial Arbitration Institutions (IFCAI) Institutional Section Meeting (held in Paris on November 22, 2002), the AllAfrica Conference on Law, Justice and Development (held in Abuja on February 4–7, 2003), the Sixth International Bar Association International Arbitration Day (held in Sydney on February 13, 2003), the Spring Meeting of the American Bar Association Section of International Law and Practice (held in Washington, D.C. on May 7–10, 2003), the Fourteenth Annual Workshop of the Institute for Transnational Arbitration (held in Dallas on June 19, 2003), the Thirty-Ninth Conference of the Inter-American Bar Association (held in New Orleans on June 17–22, 2003), and an IFCAI Conference on Interim Measures of Protection in International Commercial Arbitration (held in Vienna on June 27, 2003). The staff of the Centre also contributed lectures on ICSID at several universities including the Universidad Complutense de Madrid, the Universidad del País Vasco, Duke University, McGill University, Turin University and King’s College London. THIRTY-SIXTH ANNUAL MEETING OF THE ADMINISTRATIVE COUNCIL The Thirty-sixth Annual Meeting of the Administrative Council of the Centre took place on September 29, 2002, in Washington, D.C., on the occasion of the Annual Meetings of the Boards of Governors of the World Bank Group and the International Monetary Fund. At the meeting, the Council approved the Centre’s 2002 Annual Report and its administrative budget for fiscal year 2003. The Council also adopted new amendments of the ICSID Regulations and Rules and the Additional Facility Rules of the Centre. The amendments streamlined the Additional Facility Rules in particular, clarified and updated a number of provisions of the ICSID Regulations and Rules and of the Additional Facility Rules, and made several others more flexible. ANNUAL REPORT 2003 7The Resolutions adopted at the Meeting are set forth in Annex 5. The amended ICSID Regulations and Rules and Additional Facility Rules are available from the Centre in booklet form and are posted on the Centre’s website. FINANCE The Financial Statements of ICSID for fiscal year 2003 are set forth in Annex 6.

amended ICSID Regulations and Rules and Additional Facility Rules are available from the Centre in booklet form and are posted on the Centre’s website. FINANCE The Financial Statements of ICSID for fiscal year 2003 are set forth in Annex 6. The administrative expenditures of ICSID were, again, entirely covered by the World Bank pursuant to the Memorandum of Administrative Arrangements concluded between the Bank and ICSID in February 1967, and by income from the sale of publications. It was therefore not necessary to assess any excess expenditures on Contracting States pursuant to Article 17 of the Convention. Expenditures relating to pending arbitration proceedings are borne by the parties in accordance with ICSID’s Administrative and Financial Regulations.

ICSID8ANNUAL REPORT 2003 9

ANNEX 1

CONTRACTING STATES AND OTHER

SIGNATORIES OF THE CONVENTION

AS OF JUNE 30, 2003

The 154 States listed below have signed the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States on the dates indicated. The names of the 139 States that have deposited their instruments of ratification are in bold, and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated. Deposit of Entry into Force State Signature Ratification of Convention Afghanistan Sep. 30, 1966 June 25, 1968 July 25, 1968 Albania Oct. 15, 1991 Oct. 15, 1991 Nov. 14, 1991 Algeria Apr. 17, 1995 Feb. 21, 1996 Mar. 22, 1996 Argentina May 21, 1991 Oct. 19, 1994 Nov. 18, 1994

Armenia Sep. 16, 1992 Sep. 16, 1992 Oct. 16, 1992 Australia Mar. 24, 1975 May 2, 1991 June 1,1991 Austria May 17, 1966 May 25, 1971 June 24, 1971 Azerbaïjan Sep. 18, 1992 Sep. 18, 1992 Oct. 18, 1992 Bahamas Oct. 19, 1995 Oct. 19, 1995 Nov. 18, 1995 Bahrain Sep. 22, 1995 Feb. 14, 1996 Mar. 15, 1996 Bangladesh Nov. 20, 1979 Mar. 27, 1980 Apr. 26, 1980 Barbados May 13, 1981 Nov. 1, 1983 Dec. 1, 1983 Belarus July 10, 1992 July 10, 1992 Aug. 9, 1992 Belgium Dec. 15, 1965 Aug. 27, 1970 Sep. 26, 1970 Belize Dec. 19, 1986 Benin Sep. 10, 1965 Sep. 6, 1966 Oct. 14, 1966 Bolivia May 3, 1991 June 23, 1995 July 23, 1995 Bosnia and Herzegovina Apr. 25, 1997 May 14, 1997 June 13, 1997 Botswana Jan. 15, 1970 Jan. 15, 1970 Feb. 14, 1970 Brunei Darussalam Sep. 16, 2002 Sep. 16, 2002 Oct. 16, 2002

Bulgaria Mar. 21, 2000 Apr. 13, 2001 May 13, 2001 Burkina Faso Sep. 16, 1965 Aug. 29, 1966 Oct. 14, 1966Deposit of Entry into Force State Signature Ratification of Convention Burundi Feb. 17, 1967 Nov. 5, 1969 Dec. 5, 1969 Cambodia Nov. 5, 1993 CameroonSep. 23, 1965 Jan. 3, 1967 Feb. 2, 1967 Central African Republic Aug. 26, 1965 Feb. 23, 1966 Oct. 14, 1966 Chad May 12, 1966 Aug. 29, 1966 Oct. 14, 1966 Chile Jan. 25, 1991 Sep. 24, 1991 Oct. 24, 1991 China Feb. 9, 1990 Jan. 7, 1993 Feb. 6, 1993 Colombia May 18, 1993 July 15, 1997 Aug. 14, 1997 Comoros Sep. 26, 1978 Nov. 7, 1978 Dec. 7, 1978 Congo Dec. 27, 1965 June 23, 1966 Oct. 14, 1966 Congo, Democratic Oct. 29, 1968 Apr. 29, 1970 May 29, 1970 Rep. of Costa Rica Sep. 29, 1981 Apr. 27, 1993 May 27, 1993 Côte d’Ivoire June 30, 1965 Feb. 16, 1966 Oct. 14, 1966 Croatia June 16, 1997 Sep. 22, 1998 Oct. 22, 1998

Cyprus Mar. 9, 1966 Nov. 25, 1966 Dec. 25, 1966 Czech Republic Mar. 23, 1993 Mar. 23, 1993 Apr. 22, 1993 Denmark Oct. 11, 1965 Apr. 24, 1968 May 24, 1968 Dominican Republic Mar. 20, 2000 EcuadorJan. 15, 1986 Jan. 15, 1986 Feb. 14, 1986 Egypt, Arab Rep. of Feb. 11, 1972 May 3, 1972 June 2, 1972 El Salvador June 9, 1982 Mar. 6, 1984 Apr. 5, 1984 Estonia June 23, 1992 June 23, 1992 Jul. 23, 1992 Ethiopia Sep. 21, 1965 Fiji July 1, 1977 Aug. 11, 1977 Sep. 10, 1977 Finland July 14, 1967 Jan. 9, 1969 Feb. 8, 1969 France Dec. 22, 1965 Aug. 21, 1967 Sep. 20, 1967 Gabon Sep. 21, 1965 Apr. 4, 1966 Oct. 14, 1966 Gambia, The Oct. 1, 1974 Dec. 27, 1974 Jan. 26, 1975 Georgia Aug. 7, 1992 Aug. 7, 1992 Sep. 6, 1992 Germany Jan. 27, 1966 Apr. 18, 1969 May 18, 1969 Ghana Nov. 26, 1965 July 13, 1966 Oct. 14, 1966

Greece Mar. 16, 1966 Apr. 21, 1969 May 21, 1969 Grenada May 24, 1991 May 24, 1991 June 23, 1991 Guatemala Nov. 9, 1995 Jan. 21, 2003 Feb. 20, 2003 ICSID10Deposit of Entry into Force State Signature Ratification of Convention Guinea Aug. 27,1968 Nov. 4, 1968 Dec. 4, 1968 Guinea-Bissau Sep. 4, 1991 GuyanaJuly 3, 1969 July 11, 1969 Aug. 10, 1969 Haiti Jan. 30, 1985 Honduras May 28, 1986 Feb. 14, 1989 Mar. 16, 1989 Hungary Oct. 1, 1986 Feb. 4, 1987 Mar. 6, 1987 Iceland July 25, 1966 July 25, 1966 Oct. 14, 1966 Indonesia Feb. 16, 1968 Sep. 28, 1968 Oct. 28, 1968 Ireland Aug. 30, 1966 Apr. 7, 1981 May 7, 1981 Israel June 16, 1980 June 22, 1983 July 22, 1983 Italy Nov. 18, 1965 Mar. 29, 1971 Apr. 28, 1971 Jamaica June 23, 1965 Sep. 9, 1966 Oct. 14, 1966 Japan Sep. 23, 1965 Aug. 17, 1967 Sep. 16, 1967 Jordan July 14, 1972 Oct. 30, 1972 Nov. 29, 1972

Kazakhstan July 23, 1992 Sep. 21, 2000 Oct. 21, 2000 Kenya May 24, 1966 Jan. 3, 1967 Feb. 2, 1967 Korea, Rep. of Apr. 18, 1966 Feb. 21, 1967 Mar. 23, 1967 Kuwait Feb. 9, 1978 Feb. 2, 1979 Mar. 4, 1979 Kyrgyz Republic June 9, 1995 LatviaAug. 8, 1997 Aug. 8, 1997 Sep. 7, 1997 Lebanon Mar. 26, 2003 Mar. 26, 2003 Apr. 25, 2003 Lesotho Sep. 19, 1968 July 8, 1969 Aug. 7, 1969 Liberia Sep. 3, 1965 June 16, 1970 July 16, 1970 Lithuania July 6, 1992 July 6, 1992 Aug. 5, 1992 Luxembourg Sep. 28, 1965 July 30, 1970 Aug. 29, 1970 Macedonia, former Sep. 16, 1998 Oct. 27, 1998 Nov. 26, 1998 Yugoslav Rep. of Madagascar June 1, 1966 Sep. 6, 1966 Oct. 14, 1966 Malawi June 9, 1966 Aug. 23, 1966 Oct. 14, 1966 Malaysia Oct. 22, 1965 Aug. 8, 1966 Oct. 14, 1966 Mali Apr. 9, 1976 Jan. 3, 1978 Feb. 2, 1978

Malta Apr. 24, 2002 MauritaniaJuly 30, 1965 Jan. 11, 1966 Oct. 14, 1966 Mauritius June 2, 1969 June 2, 1969 July 2, 1969 Micronesia June 24, 1993 June 24, 1993 July 24, 1993 ANNUAL REPORT 2003 11Deposit of Entry into Force State Signature Ratification of Convention Moldova Aug. 12, 1992 Mongolia June 14, 1991 June 14, 1991 July 14, 1991 Morocco Oct. 11, 1965 May 11, 1967 June 10, 1967 Mozambique Apr. 4, 1995 June 7, 1995 July 7, 1995 Namibia Oct. 26, 1998 Nepal Sep. 28, 1965 Jan. 7, 1969 Feb. 6, 1969 Netherlands May 25, 1966 Sep. 14, 1966 Oct. 14, 1966 New Zealand Sep. 2, 1970 Apr. 2, 1980 May 2, 1980 Nicaragua Feb. 4, 1994 Mar. 20, 1995 Apr. 19, 1995 Niger Aug. 23, 1965 Nov. 14, 1966 Dec. 14, 1966 Nigeria July 13, 1965 Aug. 23, 1965 Oct. 14, 1966 Norway June 24, 1966 Aug. 16, 1967 Sep. 15, 1967 Oman May 5, 1995 July 24, 1995 Aug. 23, 1995

Pakistan July 6, 1965 Sep. 15, 1966 Oct. 15, 1966 Panama Nov. 22, 1995 Apr. 8, 1996 May 8, 1996 Papua New Guinea Oct. 20, 1978 Oct. 20, 1978 Nov. 19, 1978 Paraguay July 27, 1981 Jan. 7, 1983 Feb. 6, 1983 Peru Sep. 4, 1991 Aug. 9, 1993 Sep. 8, 1993 Philippines Sep. 26, 1978 Nov. 17, 1978 Dec. 17, 1978 Portugal Aug. 4, 1983 July 2, 1984 Aug. 1, 1984 Romania Sep. 6, 1974 Sep. 12, 1975 Oct. 12, 1975 Russian Federation June 16, 1992 RwandaApr. 21, 1978 Oct. 15, 1979 Nov. 14, 1979 Samoa Feb. 3, 1978 Apr. 25, 1978 May 25, 1978 Sao Tome and Principe Oct. 1, 1999 Saudi ArabiaSep. 28, 1979 May 8, 1980 June 7, 1980 Senegal Sep. 26, 1966 Apr. 21, 1967 May 21, 1967 Serbia and Montenegro July 31, 2002 SeychellesFeb. 16, 1978 Mar. 20, 1978 Apr. 19, 1978 Sierra Leone Sep. 27, 1965 Aug. 2, 1966 Oct. 14, 1966 Singapore Feb. 2, 1968 Oct. 14, 1968 Nov. 13, 1968

Slovak Republic Sep. 27, 1993 May 27, 1994 June 26, 1994 Slovenia Mar. 7, 1994 Mar. 7, 1994 Apr. 6, 1994 ICSID12Deposit of Entry into Force State Signature Ratification of Convention Solomon Islands Nov. 12, 1979 Sep. 8, 1981 Oct. 8, 1981 Somalia Sep. 27, 1965 Feb. 29, 1968 Mar. 30, 1968 Spain Mar. 21, 1994 Aug. 18, 1994 Sept. 17, 1994 Sri Lanka Aug. 30, 1967 Oct. 12, 1967 Nov. 11, 1967 St. Kitts & Nevis Oct. 14, 1994 Aug. 4, 1995 Sep. 3, 1995 St. Lucia June 4, 1984 June 4, 1984 July 4, 1984 St. Vincent and Aug. 7, 2001 Dec. 16, 2002 Jan. 15, 2003 the Grenadines Sudan Mar. 15, 1967 Apr. 9, 1973 May 9, 1973 Swaziland Nov. 3, 1970 June 14, 1971 July 14, 1971 Sweden Sep. 25, 1965 Dec. 29, 1966 Jan. 28, 1967 Switzerland Sep. 22, 1967 May 15, 1968 June 14, 1968 Tanzania Jan. 10, 1992 May 18, 1992 June 17, 1992 Thailand Dec. 6, 1985 Timor-Leste July 23, 2002 July 23, 2002 Aug. 22, 2002

Togo Jan. 24, 1966 Aug. 11, 1967 Sep. 10, 1967 Tonga May 1, 1989 Mar. 21, 1990 Apr. 20, 1990 Trinidad and Tobago Oct. 5, 1966 Jan. 3, 1967 Feb. 2, 1967 Tunisia May 5, 1965 June 22, 1966 Oct. 14, 1966 Turkey June 24, 1987 Mar. 3, 1989 Apr. 2, 1989 Turkmenistan Sep. 26, 1992 Sep. 26, 1992 Oct. 26, 1992 Uganda June 7, 1966 June 7, 1966 Oct. 14, 1966 Ukraine Apr. 3, 1998 June 7, 2000 July 7, 2000 United Arab Emirates Dec. 23, 1981 Dec. 23, 1981 Jan. 22, 1982 United Kingdom of May 26, 1965 Dec. 19, 1966 Jan. 18, 1967 Great Britain and Northern Ireland United States of America Aug. 27, 1965 June 10, 1966 Oct. 14, 1966 Uruguay May 28, 1992 Aug. 9, 2000 Sep. 8, 2000 Uzbekistan Mar. 17, 1994 July 26, 1995 Aug. 25, 1995 Venezuela Aug. 18, 1993 May 2, 1995 June 1, 1995 Yemen, Republic of Oct. 28, 1997 Zambia June 17, 1970 June 17, 1970 July 17, 1970

Zimbabwe Mar. 25, 1991 May 20, 1994 June 19, 1994 ANNUAL REPORT 2003 13(1) Compañía de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (Case No. ARB/97/3) – Annulment Proceeding July 3, 2002 The ad hoc Committee renders its decision partially annulling the award. August 23, 2002 The Acting Secretary-General registers the Argentine Republic’s request for supplementary decisions and for rectification of the decision on annulment. November 4, 2002 The Applicants submit their observations on the Argentine Republic’s request for supplementary decisions and rectification. December 6, 2002 The Argentine Republic files its reply to the Applicants’ observations on the request for supplementary decisions and rectification. May 28, 2003 The ad hoc Committee renders its decision concerning the Argentine Republic’s request for supplementary decisions and rectification. (2) Ceskoslovenska obchodni banka, a.s. v. Slovak Republic (Case No. ARB/97/4) November 8–12, 2002 The Tribunal holds a hearing in Prague. January 31, 2003 The parties file their first post-hearing briefs. April 14–18, 2003 The Tribunal holds a hearing in Prague. June 20, 2003 The parties file their post-hearing submissions. (3) Víctor Pey Casado and President Allende Foundation v. Republic of Chile (Case No. ARB/98/2) September 16, 2002 The Claimants file their memorial on jurisdiction and the merits. October 8, 2002 The Respondent files a request to separate the issues of liability from the issues of damages. November 4, 2002 The Claimants file an additional claim.

ICSID14

September 16, 2002 The Claimants file their memorial on jurisdiction and the merits. October 8, 2002 The Respondent files a request to separate the issues of liability from the issues of damages. November 4, 2002 The Claimants file an additional claim.

ICSID14

ANNEX 2

DISPUTES BEFORE THE CENTRE

DEVELOPMENTS IN FISCAL YEAR 2003ANNUAL REPORT 2003 15

February 3, 2003 The Respondent files its countermemorial on jurisdiction and the merits. March 3, 2003 The Claimants file their reply on jurisdiction and the merits. April 4, 2003 The Respondent files its rejoinder on jurisdiction and the merits. May 4–6, 2003 The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. (4) International Trust Company of Liberia v. Republic of Liberia (Case No. ARB/98/3) July 24, 2002 The Tribunal issues an order for the discontinuance of the proceeding. (5) The Loewen Group, Inc. and Raymond L. Loewen v. United States of America (Case No. ARB(AF)/98/3) July 2, 2002 Mexico files its third NAFTA Article 1128 submission. July 19, 2002 The parties file their responses to the NAFTA Article 1128 submissions of Canada and Mexico on matters of jurisdiction and competence. June 26, 2003 The Tribunal renders its award. (6) Marvin Roy Feldman Karpa v. United Mexican States (Case No. ARB(AF)/99/1) September 26, 2002

The Tribunal declares the proceeding closed. December 16, 2002 The Tribunal renders its award. January 30, 2003 The Respondent files a request for interpretation, correction and supplementary decision. February 26, 2003 The Claimant files his observations on the Respondent’s request of January 30, 2003. March 5, 2003 The Respondent files its response to the Claimant’s observations of February 26, 2003. March 12, 2003 The Claimant files his reply on the Respondent’s request of January 30, 2003. June 13, 2003 The Tribunal issues its decision on the Respondent’s request of January 30, 2003.(7) Mondev International Ltd. v. United States of America (Case No. ARB(AF)/99/2) July 8, 2002 The Respondent files a post-hearing submission. July 15, 2002 The Claimant files its response to the Respondent’s submission of July 8, 2002. July 22, 2002 Canada files a submission pursuant to NAFTA Article 1128. July 23, 2002 Mexico files a submission pursuant to NAFTA Article 1128. July 29, 2002 The Respondent files its response to the NAFTA Article 1128 submissions of Canada and Mexico. July 30, 2002 The Claimant files its response to the NAFTA Article 1128 submissions of Canada and Mexico. October 22, 2002 The Tribunal renders its award. (8) Patrick Mitchell v. Democratic Republic of the Congo (Case No. ARB/99/7) July 11, 2002 The Tribunal issues a procedural order joining the objection to jurisdiction to the merits and fixing a schedule for the filing of additional pleadings. October 11, 2002 The Claimant files his additional observations. January 15, 2003 The Respondent files its reply to the Claimant’s additional

order joining the objection to jurisdiction to the merits and fixing a schedule for the filing of additional pleadings. October 11, 2002 The Claimant files his additional observations. January 15, 2003 The Respondent files its reply to the Claimant’s additional observations. March 10, 2003 The Tribunal submits questions to the parties. April 29, 2003 The parties file their responses to the Tribunal’s questions of March 10, 2003. May 27, 2003 The Claimant files his reply to the Respondent’s response of April 29, 2003. June 17, 2003 The Respondent files its reply to the Claimant’s response of April 29, 2003. (9) Zhinvali Development Ltd. v. Republic of Georgia (Case No. ARB/00/1) December 12, 2002 The Tribunal declares the proceeding closed. January 24, 2003 The Tribunal renders its award. (10) Salini Costruttori S.p.A. and Italstrade S.p.A. v. Kingdom of Morocco (Case No. ARB/00/4) ICSID16July 11, 2002 The Claimants file their reply on the merits. October 16, 2002 The Respondent files its rejoinder on the merits. January 27–30, 2003 The Tribunal holds a hearing on the merits in Paris. (11) Autopista Concesionada de Venezuela, C.A. v. Bolivarian Republic of Venezuela (Case No. ARB/00/5) August 5, 2002 The Claimant files its reply on the merits. September 30, 2002

The Respondent files its rejoinder on the merits. October 28–November 1, 2002 The Tribunal holds a hearing on the merits in Washington, D.C. February 7, 2003 The parties file their posthearing briefs. March 21, 2003 The parties file their posthearing replies. (12) Consortium R.F.C.C. v. Kingdom of Morocco (Case No. ARB/00/6) October 7, 2002 The Claimant files its reply on the merits. December 6, 2002 The Respondent files its rejoinder on the merits. March 17–20, 2003 The Tribunal holds a hearing on the merits in Paris. May 16, 2003 The Claimant files its final memorial on the merits. (13) World Duty Free Company Limited v. Republic of Kenya (Case No. ARB/00/7) July 2, 2002 The Tribunal holds a procedural hearing at The Hague. The Tribunal issues a procedural order joining the preliminary objections to jurisdiction to the merits. December 5, 2002 The Claimant files its memorial. April 21, 2003 The Respondent files its countermemorial. (14) Ridgepointe Overseas Developments, Ltd. v. Democratic Republic of the Congo and Générale des Carrières et des Mines (Case No. ARB/00/8) August 14, 2002—June 16, 2003 The Tribunal issues successive procedural orders suspending the proceeding. ANNUAL REPORT 2003 17(15) ADF Group Inc. v. United States of America (Case No. ARB(AF)/00/1)

July 11, 2002 The Claimant files its posthearing submission. July 19, 2002 Canada files its second NAFTA Article 1128 submission. July 23, 2002 Mexico files its second NAFTA Article 1128 submission. August 1, 2002 The parties file their second and final post-hearing submissions. January 2, 2003 The Tribunal declares the proceeding closed. January