CIADI - Annual report 2013

RE FOR SETTLEME V / \ ANNtJAll '/ fi oii | ICSID ANNUAL REPORT 2013 | iii Letter of Transmittal 1 ICSID Secretariat 2 Chapter 1: Introduction 5 Chapter 2: Membership 7 Chapter 3: Panels of Arbitrators and of Conciliators 15 Chapter 4: Operations of the Centre 18 Chapter 5: Outreach 39 Chapter 6: Forty-sixth Annual Meeting of the Administrative Council 47 Chapter 7: Finance 49 Financial Statements 50 Independent Auditors’ Report 63 The photos of art in this Annual Report come from the World Bank collection and are reproduced with the kind permission of the curator of the World Bank.

CONTENTS

Zulian Rivani, Indonesia Kota Ditepi Lautiv ICSID

INTERNATIONAL CENTRE FOR SETTLEMENT OF

INVESTMENT DISPUTES September 5, 2013

Dear Mr. Chairman, 1 am pleased to submit to the Administrative Council for its approval the Annual Report on the operation of the lnternational Centre for Settlement of lnvestment Disputes. This Annual Report covers the fiscal year from July 1, 2012 to June 30, 2013. Toe Report includes the audited financia! statements of the Centre, presented pursuant to Administrative and Financia! Regulation 19. Dr. Jim Yong Kim Chairman Administrative Council Yours sincerely, /;lff-Meg Kinnear Secreta ry-Genera 1 lnternational Centre for Settlement of lnvestment Disputes ---t.

ANNUAL REPORT 2013 1 . . •2 | ICSID ANNUAL REPORT 2013 | 3

Meg Kinnear, Secretary-General

LEGAL STAFF

Aurélia Antonietti, Team Leader/Legal Counsel Gonzalo Flores, Team Leader/Legal Counsel Milanka Kostadinova, Team Leader/Legal Counsel Eloïse Obadia, Team Leader/Legal Counsel Martina Polasek, Team Leader/Legal Counsel Hayane Chang Dahmen, Legal Counsel – Institutional Matters Mercedes Cordido-Freytes de Kurowski, Legal Counsel Aïssatou Diop, Legal Counsel Geraldine R. Fischer, Legal Counsel Anneliese Fleckenstein, Legal Counsel Lindsay Gastrell, Legal Counsel Ann Catherine Kettlewell, Legal Counsel Paul-Jean Le Cannu, Legal Counsel Alicia Martín Blanco, Legal Counsel Marco Tulio Montañés-Rumayor, Legal Counsel Frauke Nitschke, Legal Counsel Natalí Sequeira, Legal Counsel Luisa Fernanda Torres, Legal Counsel Mairée Uran Bidegain, Legal Counsel Daniela Argüello, Legal Consultant – Institutional Matters Tatu Ilunga, Legal Consultant Marisa Planells-Valero, Legal Consultant Donna Robinson, Legal Consultant – Institutional Matters Otylia Babiak, Intern Ruqiya Bashir Haji Musa, Intern

FINANCIAL AND GENERAL ADMINISTRATION STAFF

Javier Castro, Team Leader/Program Officer Zelalem Tesfa Dagnaw, Financial Officer Lawrence Ramm, Information Technology Analyst Rita A. Rovira, Information Analyst Lamiss Al-Tashi, Hearings Organizer Azeb Debebe Mengistu, Sr. Financial Assistant Walter Meza-Cuadra, Sr. Financial Assistant Sherri Akanni, Program Assistant Diana Magalona, Receptionist

PARALEGAL, ADMINISTRATIVE AND CLIENT SUPPORT STAFF

Joy Berry, Paralegal Arkiatou Boissaye, Paralegal Lara Domínguez, Paralegal Ivania Fernández, Paralegal Cristina Padrao, Paralegal Angela Ting, Paralegal Ivanna A. Ursino, Paralegal Alix Ahimon, Program Assistant

Arkiatou Boissaye, Paralegal Lara Domínguez, Paralegal Ivania Fernández, Paralegal Cristina Padrao, Paralegal Angela Ting, Paralegal Ivanna A. Ursino, Paralegal Alix Ahimon, Program Assistant Cindy Ayento, Administrative Assistant to Secretary-General Claudio Batista, Program Assistant Paula Carazo, Program Assistant Cinthya Ibáñez Rodríguez, Program Assistant Lanny Isimbi, Program Assistant Laura Amelia Pettinelli, Program Assistant

SECRETARIAT OF THE INTERNATIONAL CENTRE FOR

SETTLEMENT OF INVESTMENT DISPUTES JUNE 30, 2013

Members of the ICSID Secretariat, photo by Deborah W. Campos, Washington, D.C., May 23, 20134 | ICSID ANNUAL REPORT 2013 | 5 International investment law and international investment arbitration are relatively new disciplines: the first bilateral investment treaty was signed by Pakistan and Germany in 1959, the first investment treaty offering investor-State arbitration was concluded in 1968 between the Netherlands and Indonesia, the first ICSID case was registered in 1972, and the first treaty-based investment case was registered by the Centre in 1987. The Centre itself was established in 1966, along with the coming into force of the ICSID Convention. It was the first dispute resolution facility designed exclusively for international investment dispute settlement, and it continues to be the only international facility dedicated to this area. This specialized mandate has allowed ICSID to develop an unparalleled expertise and focus, which benefits disputing parties, arbitrators and Contracting States. Cumulatively, ICSID has administered over 430 cases, involving foreign investors from all regions of the world and more than 95 States and State agencies under the ICSID Convention and Rules. In addition, it has administered over 40 investment arbitration cases initiated under the UNCITRAL Arbitration Rules and other arbitral rules. ICSID is universally recognized today as the premiere arbitral institution for international investment

and State agencies under the ICSID Convention and Rules. In addition, it has administered over 40 investment arbitration cases initiated under the UNCITRAL Arbitration Rules and other arbitral rules. ICSID is universally recognized today as the premiere arbitral institution for international investment matters, and we are dedicated to facilitating the resolution of investment disputes between foreign investors and host States in support of overall economic development. Our end-of-fiscal year results confirm that ICSID remains the leader in international investment dispute resolution. In the past fiscal year alone, ICSID registered 56 proceedings, concluded 35 pending proceedings, held over 110 hearings in locations around the world, participated in more than 60 presentations in the field of international investment arbitration, and published numerous materials on investment law and dispute resolution. While we are justifiably proud of the accomplishments of ICSID to date, our focus is on serving facility users in the future. States continue to conclude international investment agreements, with a discernible trend toward signing these instruments on a multilateral, often regional, basis. Many of these agreements are housed in a broader free trade agreement, regulating various aspects of commerce between the signatory parties. As a result, there is a continuing demand for the costeffective, expert and impartial mechanisms provided by ICSID to support dispute resolution clauses in investment contracts signed by investors and host States, and pursuant to investment laws and investment treaties negotiated by States.

CHAPTER 1

INTRODUCTION Alecos Fassianos, Greece Bankers and Skyscrapers6 | ICSID ANNUAL REPORT 2013 | 7 With this end in mind, ICSID continues to work toward meeting the needs of disputing parties. These efforts are outlined in Chapter 4 of this report, and include greater capacity building to help parties manage arbitration and conciliation, increased automation of the arbitral process, development of best practices, and retaining additional staff to support case proceedings. I would like to acknowledge the efforts of the superb staff at ICSID and to thank them for their dedication, inspiration and hard work. Finally, I would like to thank Contracting States and facility users for their continued confidence

development of best practices, and retaining additional staff to support case proceedings. I would like to acknowledge the efforts of the superb staff at ICSID and to thank them for their dedication, inspiration and hard work. Finally, I would like to thank Contracting States and facility users for their continued confidence in the Centre. It remains a unique privilege to serve as Secretary-General of ICSID, and we are committed to excellence in fulfilling the important mandate of ICSID. Meg Kinnear Secretary-General ICSID is an intergovernmental organization established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. At June 30, 2013, there were 158 signatory States to the ICSID Convention. Of these, 149 States were ICSID Contracting States by virtue of their having deposited instruments of ratification, acceptance or approval of the ICSID Convention. Two new members joined ICSID in FY2013. On July 19, 2012, the ICSID Convention was signed on behalf of Montenegro by H. E. Dr. Srdjan Darmanović, Ambassador of Montenegro to the United States. On April 10, 2013, Montenegro deposited its instrument of ratification and the ICSID Convention entered into force for Montenegro on May 10, 2013. On May 20, 2013, the Democratic Republic of Sao Tome and Principe deposited its instrument of ratification of the Convention with the World Bank, which is the depositary of the ICSID Convention. The Convention entered into force for Sao Tome and Principe on June 19, 2013.

CHAPTER 2

MEMBERSHIP Meg Kinnear, Secretary-General of ICSID, with H.E. Kosti Manibe Ngai, Minister of Finance and Economic Planning of South Sudan, at the signing of the ICSID Convention, photo by Deborah W. Campos, Washington, D.C., April 18, 2012JULY 2013 '•· i(/, / \ª ;/ •.1·· !

Planning of South Sudan, at the signing of the ICSID Convention, photo by Deborah W. Campos, Washington, D.C., April 18, 2012JULY 2013 '•· i(/, / \ª ;/ •.1·· ! 1z z o UJ ¡::: :fi > z z fi o u z ..Pfil o o (/) u u o fi-;/ UJ (/) :e u 1UJ o :e 11- (/) o UJ 1- (/) 1UJ (/) ti C!J z (/) I ¡::: >- u ex: a o ex: ti 1z z o C!J u (/) 1 .,.

LIST OF CONTRACTING STATES ANO OTHER SIGNATOR IES OF

THE CONVENTION

AS OF JUNE 30, 2013

The 158 States listed below have signed the Convention on the Settlement of lnvestment Disputes between States and Nationals of Other States on the dates indicated. The na mes of the 149 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

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 Azerbaijan Sep. 18, 1992 Sep. 18, 1992 Oct. 18, 1992 Bahamas, The 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

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

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, 1966 Burundi Feb. 17, 1967 Nov. 5, 1969 Dec.5, 1969 Cambodia Nov. 5, 1993 Dec. 20, 2004 Jan. 19, 2005 Cameroon Sep. 23, 1965 Jan.3, 1967 Feb.2, 1967 Canada Dec. 15,2006

ANNUAL REPORT 2013 910 | ICSID ANNUAL REPORT 2013 | 11

Haiti Jan. 30, 1985 Oct. 27, 2009 Nov. 26, 2009 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 Kosovo, Rep. of June 29, 2009 June 29, 2009 July 29, 2009 Kuwait Feb. 9, 1978 Feb. 2, 1979 Mar. 4, 1979 Kyrgyz Republic June 9, 1995 Latvia Aug. 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 Yugoslav Rep. of Sep. 16, 1998 Oct. 27, 1998 Nov. 26, 1998 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 Nov. 3, 2003 Dec. 3, 2003 Mauritania July 30, 1965 Jan. 11, 1966 Oct. 14, 1966 Mauritius June 2, 1969 June 2, 1969 July 2, 1969 Micronesia, Federated States of June 24, 1993 June 24, 1993 July 24, 1993 Moldova Aug. 12, 1992 May 5, 2011 June 4, 2011 Mongolia June 14, 1991 June 14, 1991 July 14, 1991 Deposit of Entry into Force State Signature Ratification of Convention Deposit of Entry into Force State Signature Ratification of Convention Cape Verde Dec. 20, 2010 Dec. 27, 2010 Jan. 26, 2011 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, Democratic Rep. of Oct. 29, 1968 Apr. 29, 1970 May 29, 1970 Congo, Rep. of Dec. 27, 1965 June 23, 1966 Oct. 14, 1966 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 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 July 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 Guinea Aug. 27, 1968 Nov. 4, 1968 Dec. 4, 1968 Guinea-Bissau Sep. 4, 1991 Guyana July 3, 1969 July 11, 1969 Aug. 10, 196912 | ICSID ANNUAL REPORT 2013 | 13 Solomon Islands Nov. 12, 1979 Sep. 8, 1981 Oct. 8, 1981 Somalia Sep. 27, 1965 Feb. 29, 1968 Mar. 30, 1968 South Sudan Apr. 18, 2012 Apr. 18, 2012 May 18, 2012 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 the Grenadines Aug. 7, 2001 Dec. 16, 2002 Jan. 15, 2003 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 Syria May 25, 2005 Jan. 25, 2006 Feb. 24, 2006 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 Great Britain and Northern Ireland May 26, 1965 Dec. 19, 1966 Jan. 18, 1967 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 Yemen, Republic of Oct. 28, 1997 Oct. 21, 2004 Nov. 20, 2004 Zambia June 17, 1970 June 17, 1970 July 17, 1970 Zimbabwe Mar. 25, 1991 May 20, 1994 June 19, 1994 Montenegro July 19, 2012 April 10, 2013 May 10, 2013 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 Qatar Sep. 30, 2010 Dec. 21, 2010 Jan. 20, 2011 Romania Sep. 6, 1974 Sep. 12, 1975 Oct. 12, 1975 Russian Federation June 16, 1992 Rwanda Apr. 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 May 20, 2013 June 19, 2013 Saudi Arabia Sep. 28, 1979 May 8, 1980 June 7, 1980 Senegal Sep. 26, 1966 Apr. 21, 1967 May 21, 1967 Serbia May 9, 2007 May 9, 2007 June 8, 2007 Seychelles Feb. 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 Deposit of Entry into Force State Signature Ratification of Convention Deposit of Entry into Force State Signature Ratification of Convention14 | ICSID ANNUAL REPORT 2013 | 15 The ICSID Convention requires the Centre to maintain a Panel of Arbitrators and a Panel of Conciliators. According to Article 13 of the Convention, each Contracting State is entitled to designate up to four persons to each Panel. The designees may be nationals or non-nationals of the designating State and are nominated to the Panels for a renewable term of six years. In addition, up to ten persons may be designated to each Panel by the Chairman of the ICSID Administrative Council. The Panels are an important component of the ICSID system of dispute settlement. When the Chairman of the Administrative Council is called upon to appoint arbitrators, conciliators or ad hoc Committee members under Articles 30, 38 or 52 of the ICSID Convention, these appointees are drawn from the Panels. With an increasing ICSID caseload, it has become even more

Chairman of the Administrative Council is called upon to appoint arbitrators, conciliators or ad hoc Committee members under Articles 30, 38 or 52 of the ICSID Convention, these appointees are drawn from the Panels. With an increasing ICSID caseload, it has become even more important for States to make designations to the ICSID Panels. To this end, the Centre continues to encourage States to name qualified candidates where nominations have expired or the Panels are otherwise incomplete. During FY2013, 14 ICSID Contracting States made designations to the ICSID Panels: Armenia, Democratic Republic of the Congo, Egypt, Estonia, Finland, Ireland, Kenya, Republic of Korea, Lithuania, Mongolia, New Zealand, Paraguay, Spain, and Sri Lanka. In all, 39 persons were designated or re-designated to the Panels. At the end of FY2013, there were 560 individuals on the ICSID Panels of Arbitrators and of Conciliators. The names of designees to the ICSID Panels made in FY2013 are provided on the following page.

CHAPTER 3

PANELS OF ARBITRATORS AND

OF CONCILIATORS Elba Gutierrez, Argentina Irradiacion16 | ICSID ANNUAL REPORT 2013 | 17 ARMENIA Panels of Arbitrators and of Conciliators Designations effective June 26, 2013: Yeghishe Kirakosyan, Garegin Melkonyan, Aram Orbelyan, Thomas J. Samuelian DEMOCRATIC REPUBLIC OF THE CONGO Panels of Arbitrators and of Conciliators Designations effective October 24, 2012: Tshibangu Kalala, Tunda Ya Kasende EGYPT Panels of Arbitrators and of Conciliators

Designation effective October 14, 2012: Hussein A. Hassouna ESTONIA Panels of Arbitrators and of Conciliators Designation effective May 13, 2013: Asko Pohla

FINLAND

Panel of Arbitrators Designations effective January 30, 2013: Veijo Heiskanen, Gustav Möller, Antero Palajan, Leif Sévon Panel of Conciliators Designations effective January 30, 2013: Antti Heikinheimo, Carita Wallgren Panel of Conciliators Designations effective June 5, 2013: Veijo Heiskanen, Leif Sévon IRELAND Panels of Arbitrators and of Conciliators Designations effective July 27, 2012: James Bridgeman, Patricia C. Moran, Colm Ó Hoisín, Ercus Stewart KENYA Panel of Arbitrators Designations effective July 6, 2012: Njeri Kariuki, Githu Muigai, Philip Murgor, Amos S. Wako Panel of Conciliators Designations effective July 6, 2012: Jacqueline Kamau, Farooq Khan, Ken Kiplagat, Mururu Norman

REPUBLIC OF KOREA

Panel of Arbitrators Designation effective March 22, 2013: Joongi Kim

LITHUANIA

Panel of Arbitrators Designations effective July 30, 2012: Gintautas Bartkus, Mažvydas Michalauskas, Valentinas Mikelėnas

MONGOLIA

Panel of Arbitrators Designation effective March 13, 2013: Michael D. Nolan

NEW ZEALAND

Panel of Arbitrators Designation effective July 2, 2012: Peter Blanchard Panel of Arbitrators Designation effective July 14, 2012: Ian Barker Panel of Arbitrators Designations effective June 10, 2013 Campbell Alan McLachlan, David A.R. Williams

PARAGUAY

Peter Blanchard Panel of Arbitrators Designation effective July 14, 2012: Ian Barker Panel of Arbitrators Designations effective June 10, 2013 Campbell Alan McLachlan, David A.R. Williams

PARAGUAY

Panel of Arbitrators Designation effective October 17, 2012: Luis A. Breuer González SPAIN Panels of Arbitrators and of Conciliators Designation effective May 3, 2013: Andrés Rigo Sureda SRI LANKA Panels of Arbitrators and of Conciliators Designations effective July 31, 2012: Amrith Rohan Perera, M.C.W. Pinto18 | ICSID ANNUAL REPORT 2013 | 19 SUMMARY OF ICSID OPERATIONS ICSID is an intergovernmental organization established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Washington Convention). Its primary purpose is to provide facilities and services to support conciliation and arbitration of international investment disputes. It administers cases under the ICSID Convention, the ICSID Additional Facility, the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL Arbitration Rules) and other rules, as requested by the parties. It also offers a full range of related services in support of dispute resolution, including acting as appointing authority, naming consolidation tribunals under certain treaties and deciding party challenges of arbitrators or conciliators. ICSID Cases The initiation and conduct of cases under the Centre’s auspices are often governed by one of ICSID’s two sets of procedural rules. These are the ICSID Convention, Regulations and Rules or the ICSID Additional Facility Rules. Conciliation and arbitration under the ICSID Convention involves a legal dispute between an ICSID Contracting State and a national of another ICSID Contracting State. Such disputes arise out of an investment and the disputing parties must have consented in writing to submit their dispute to ICSID.

ICSID Additional Facility Rules. Conciliation and arbitration under the ICSID Convention involves a legal dispute between an ICSID Contracting State and a national of another ICSID Contracting State. Such disputes arise out of an investment and the disputing parties must have consented in writing to submit their dispute to ICSID. The ICSID Additional Facility Rules allow the ICSID Secretariat to administer conciliation and arbitration of investment disputes where either the State party or the home State of the foreign investor is not an ICSID Contracting State. They also authorize conciliation and arbitration of disputes that do not arise directly out of an investment where at least one of the disputing parties is a Contracting State or a national of a Contracting State. These rules have been available since 1978. While the majority of cases before the Centre are arbitrations administered under the ICSID Convention, there has also been an increase in the use of ICSID conciliation services in recent years. Other Cases The ICSID Secretariat also administers international dispute settlement proceedings under rules and treaties other than the ICSID Convention or the ICSID Additional Facility. In particular, the Secretariat often assists parties and tribunals with investment arbitrations conducted pursuant to the UNCITRAL Arbitration Rules. The services provided in non-ICSID proceedings are similar to those available under the ICSID Rules, ranging from handling specific aspects of a case to offering full administrative services. In the past fiscal year, the Centre was asked to act as appointing authority in 4 instances, and administered 3 investor-State arbitrations under the UNCITRAL Rules, 1 of which concluded with an award and 2 are pending. Overview of ICSID Arbitration ICSID Convention arbitration is initiated by the submission of a Request for Arbitration to the Secretary-General. The Request is filed by the potential claimant and outlines the basic facts and legal issues to be addressed. The Request must be registered unless the dispute is manifestly outside the jurisdiction of ICSID. In the past year, Requests for Arbitration were processed on average within 23 days of being filed at ICSID.

Secretary-General. The Request is filed by the potential claimant and outlines the basic facts and legal issues to be addressed. The Request must be registered unless the dispute is manifestly outside the jurisdiction of ICSID. In the past year, Requests for Arbitration were processed on average within 23 days of being filed at ICSID. The next procedural step is constitution of the arbitral tribunal. The ICSID Arbitration Rules offer the disputing parties significant flexibility regarding the number of arbitrators and the method of their appointment. In most instances, tribunals consist of 3 arbitrators: 1 arbitrator appointed by each party, and the third, presiding, arbitrator appointed by agreement of the parties or of the party-appointed arbitrators. The parties may ask the Centre to assist with the appointment of arbitrators, either in accordance with a previous agreement or pursuant to the default provisions in the ICSID Rules. In FY2013, ICSID made such appointments on average within 46 days of receiving the request to appoint.

CHAPTER 4

OPERATIONS OF THE CENTRE ICSID Hearing Room, World Bank Paris Conference Center, Paris, France, 2013Proceedings are deemed to have begun once the tribunal is constituted. The tribunal holds a first session within 60 days of its constitution. Preliminary questions of procedure are dealt with at the first session. Subsequently; the proceeding usually comprises 2 distinct phases: a written procedure followed by in-person hearings. After the parties present their case, the tribunal deliberates and renders its award. Once an ICSID Convention award is rendered, it is binding and not subject to any appeal or other remedy except those provided by the Convention. The Convention allows the parties to request a supplementary decision or rectrncation of the award, or to seek the post-award remedies of annulment, interpretation or revision. 20 Conduct of an ICSID Convontion Arbitration Request for Arbitration Registration Constituti on of the Tribunal First Session Written Procedure Oral Procedure Deliberations Award Supplementary Decision and Rectif1cation

20 Conduct of an ICSID Convontion Arbitration Request for Arbitration Registration Constituti on of the Tribunal First Session Written Procedure Oral Procedure Deliberations Award Supplementary Decision and Rectif1cation

Post-Awa rd Remedies: Annulment, lnterpretation, Revision

ICSID Refusal to Register Arbitration under the ICSID Additional Facility is similar in process to ICSID Convention arbitration with sorne notable differences. In particular, parties must obtain approval of access to the Additional Facility prior to instituting proceedings, and post-award remedies under the Additional Facility Rules are limited to interpretation, correction, and supplementary decision by the original tribunal. New ICSID Cases Registered Forty-three new ICSID cases were registered in FY2013. This is the most cases registered at ICSID in a single fiscal year and represents an increase of over 10% compared to the number of cases registered in FY2012. AII of the new cases registered are arbitrations: 38 under the ICSID Convention and 5 under the Additional Facilrty.

Now Case: Rogistorod undor tho ICSID Convontion and

Additional Facility Rulos in FY2013 ICSID Convention 1\rbitratlon Cassfi ICSID Additional Facilitv Arbitration Cases In total, the Centre administered a