CIADI - Annual report 2014

2014

ANNUAL

REPORT

1818 H STREET, NW

WASHINGTON, D.C. 20433

USA TELEPHONE (202) 458 1534

FACSIMILE (202) 522 2615

EMAIL ICSIDsecretariat@worldbank.org WEBSITE www.worldbank.org/icsid2014 ANNUAL REPOR Tii | ICSID ANNUAL REPORT 2014 | 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 38 Chapter 6: Forty-seventh Annual Meeting of the Administrative Council 50 Chapter 7: Finance 53 Financial Statements 54 Independent Auditors’ Report 68

CONTENTS

Headquarters of the World Bank, Washington, D.C., Laura Amelia Pettinelli, World Bankiv | ICSID ANNUAL REPORT 2014 | 1 August 29, 2014 Dear Mr. Chairman, 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. This Annual Report covers the fiscal year from July 1, 2013 to June 30, 2014. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 19. Yours sincerely, Meg Kinnear Secretary-General Dr. Jim Yong Kim Chairman Administrative Council International Centre for Settlement of Investment Disputes INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES Seat of the International Centre for Settlement of Investment Disputes, Washington, D.C., Candice Ayento, World Bank2 | ICSID ANNUAL REPORT 2014 | 3 Meg Kinnear, Secretary-General

LEGAL STAFF

Aurélia Antonietti, Team Leader/Legal Counsel Gonzalo Flores, Team Leader/Legal Counsel

Washington, D.C., Candice Ayento, World Bank2 | ICSID ANNUAL REPORT 2014 | 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 Martina Polasek, Team Leader/Legal Counsel Daniela Argüello, Legal Counsel—Institutional Matters James Claxton, Legal Counsel Mercedes Cordido-Freytes de Kurowski, Legal Counsel Aïssatou Diop, Legal Counsel Geraldine Fischer, Legal Counsel Anneliese Fleckenstein, Legal Counsel Benjamin Garel, 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 Monty Taylor, Legal Counsel Luisa Torres, Legal Counsel Mairée Uran Bidegain, Legal Counsel Otylia Babiak, Legal Consultant Tatu Ilunga, Legal Consultant Ruqiya B.H. Musa, Legal Consultant Marisa Planells-Valero, Legal Consultant Donna Robinson, Legal Consultant—Institutional Matters

FINANCIAL AND GENERAL ADMINISTRATION STAFF

Javier Castro, Team Leader/Sr. Program Officer Zelalem T. Dagnaw, Financial Officer Rita A. Rovira, Records Officer, Information Management Lamiss Al-Tashi, Hearings Organizer Azeb Debebe Mengistu, Sr. Financial Assistant Walter Meza-Cuadra, Sr. Financial Assistant Sherri Akanni, Program Assistant Paul Herrera, Information Technology Assistant

Dante Herrera, Records Assistant Diana Magalona, Receptionist

PARALEGAL, ADMINISTRATIVE AND CLIENT SUPPORT STAFF

Olutosin O. Akinyode, Paralegal Joy Berry, Paralegal Arkiatou Boissaye, Paralegal Ivania Fernández, Paralegal Natalie O’Connor, Paralegal Cristina Padrao, Paralegal Angela Ting, Paralegal Ivanna A. Ursino, Paralegal Jessica Velasco Villegas, Paralegal Alix Ahimon, Program Assistant Cindy Ayento, Administrative Assistant to Secretary-General Claudio Batista, Program Assistant Paula Carazo, Program Assistant Cinthya Ibáñez, Program Assistant Lanny Isimbi, Program Assistant Miriam A. Peguero Medrano, Program Assistant Laura Amelia Pettinelli, Program Assistant

SECRETARIAT OF THE INTERNATIONAL CENTRE FOR

SETTLEMENT OF INVESTMENT DISPUTES JUNE 30, 2014

Members of the ICSID Secretariat, Washington D.C., May 16, 2014, Deborah W. Campos, World Bank4 | ICSID ANNUAL REPORT 2014 | 5 The Convention on the Settlement of Investment Disputes between States and Nationals of Other States was opened for signature on March 18, 1965 and came into force on October 14, 1966. By this treaty, Member States established the International Centre for Settlement of Investment Disputes (ICSID or the Centre) as the first dispute resolution facility focused on providing procedural rules, physical facilities, and logistical support for resolution of international investment disputes. Since 1966, ICSID has established itself as the premier facility for the resolution of such disputes between States and foreign investors, and it maintains this distinction today. The Centre’s activities in fiscal year 2014 are presented in detail in this report. They demonstrate why the Centre is still considered the lead international institution in this field. ICSID benefits from a broad and diverse membership, representing States from all legal traditions. In the past

The Centre’s activities in fiscal year 2014 are presented in detail in this report. They demonstrate why the Centre is still considered the lead international institution in this field. ICSID benefits from a broad and diverse membership, representing States from all legal traditions. In the past year ICSID welcomed Canada as the 150th Member State, and the Republic of San Marino as the 159th signatory State to the ICSID Convention. Similarly, ICSID has encouraged the development of a larger and more diverse group of case decision-makers, who reflect the diversity of ICSID’s membership. It has adopted practices to propose arbitrators and conciliators from all States and of both genders, and has made progress in reaching this objective. Likewise, Member States have contributed to this objective by designating 82 new persons to the Panels of Arbitrators and of Conciliators in the past year. The number of cases registered in fiscal year 2014 remained steady, with 40 new ICSID cases and 8 new cases for administration under the UNCITRAL Arbitration Rules. Over the year, the Centre administered 209 cases, the most cases ever administered in a single fiscal year. This growth has put a premium on addressing efficiency in case administration, while maintaining due process and a level playing field for disputing parties using ICSID facilities. We have met these challenges with technological solutions, procedural innovation, and ambitious service standards. These efforts have resulted in measurable efficiency gains in the past year. For example, the Centre recorded the lowest average period of time to register new cases (21 days), and witnessed the highest number of arbitrator appointments ever recorded in a fiscal year (93 individuals). While these results are encouraging, we continue to look for ways to make dispute resolution increasingly timely and cost effective. In addition to the administration of proceedings, ICSID has a mandate to disseminate knowledge within its area of expertise and to inform discussions about the future directions of international investment dispute settlement. The experience gained from ICSID’s docket of cases has allowed the

CHAPTER 1

INTRODUCTION

In addition to the administration of proceedings, ICSID has a mandate to disseminate knowledge within its area of expertise and to inform discussions about the future directions of international investment dispute settlement. The experience gained from ICSID’s docket of cases has allowed the

CHAPTER 1

INTRODUCTION

Inside ICSID’s new offices, Washington, D.C., Scholastica Nguyen, Patricia Hord Graphik Design6 | ICSID ANNUAL REPORT 2014 | 7 Centre to develop an unparalleled expertise and focus, which benefits disputing parties, decisionmakers and Member States. In fiscal year 2014, ICSID expanded the amount and breadth of its outreach. The ICSID Review-Foreign Investment Law Journal has grown to three issues per year, subscriptions have increased, and the journal is now offered online as well as in hard copy volumes. ICSID has supplemented its technical assistance and presented its introduction to ICSID procedure in Africa, Asia and Latin America in the past year. ICSID staff gave numerous presentations on various aspects of our work, including mediation of investment disputes, preparation for an arbitration, and recognition and enforcement of awards. As ICSID approaches the 50 year anniversary of the entry into force of the Convention, all indications are that the demands on the Centre’s services and its intellectual leadership will continue. While the half-century anniversary is certainly a time to look back and celebrate achievements, it is also the time to look forward and ensure that we are prepared to meet the challenges of the next 50 years. We are planning a variety of events and initiatives that both celebrate the past and anticipate the future, and we look forward to commencing these in the upcoming fiscal year. Finally, I wish to thank ICSID Member States and facility users for their continued confidence in the Centre. I also wish to thank each member of the ICSID Secretariat: they bring unparalleled expertise, commitment, and collegiality to the task every day and they are responsible for the success of the Centre to date. It remains my unique privilege to work with the ICSID Secretariat

the Centre. I also wish to thank each member of the ICSID Secretariat: they bring unparalleled expertise, commitment, and collegiality to the task every day and they are responsible for the success of the Centre to date. It remains my unique privilege to work with the ICSID Secretariat staff and to serve as Secretary-General of ICSID. I am confident that ICSID will continue to offer its members and users world class facilities, service, and the intellectual leadership that they have grown to expect. We are committed to excellence in fulfilling the important mandate of ICSID, and look forward to further progress in the next years. 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. As of June 30, 2014, there were 159 signatory States to the ICSID Convention. Of these, 150 States were ICSID Contracting States by virtue of their having deposited instruments of ratification, acceptance or approval of the ICSID Convention with the World Bank, which is the depositary of the ICSID Convention. On November 1, 2013, Canada deposited its instrument of ratification of the Convention and the Convention entered into force for Canada on December 1, 2013. On April 11, 2014, the Convention was signed on behalf of the Republic of San Marino by H.E. Marco Arzilli, Minister of Industry Handicraft Trade Transport and Research.

CHAPTER 2

MEMBERSHIP Meg Kinnear, ICSID Secretary-General, and H.E. Marco Arzilli, Minister of Industry Handicraft Trade Transport and Research of San Marino, at the signing of the ICSID Convention, Washington, D.C., April 11, 2014, Benjamin Garel, World Bank8 | ICSID ANNUAL REPORT 2014 | 9 The 159 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 150 States

Benjamin Garel, World Bank8 | ICSID ANNUAL REPORT 2014 | 9 The 159 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 150 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 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 Burkina Faso Sep. 16, 1965 Aug. 29, 1966 Oct. 14, 1966 Burundi Feb. 17, 1967 Nov. 5, 1969 Dec. 5, 1969 Cabo Verde Dec. 20, 2010 Dec. 27, 2010 Jan. 26, 2011 Cambodia Nov. 5, 1993 Dec. 20, 2004 Jan. 19, 2005 Cameroon Sep. 23, 1965 Jan. 3, 1967 Feb. 2, 1967 Canada Dec. 15, 2006 Nov. 1, 2013 Dec. 1, 2013

LIST OF CONTRACTING STATES AND OTHER SIGNATORIES OF

THE CONVENTION

AS OF JUNE 30, 2014

IBRD 39525

JUNE 201410 | ICSID ANNUAL REPORT 2014 | 11

Honduras May 28, 1986 Feb. 14, 1989 Mar. 16, 1989

THE CONVENTION

AS OF JUNE 30, 2014

IBRD 39525

JUNE 201410 | ICSID ANNUAL REPORT 2014 | 11

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 Montenegro July 19, 2012 April 10, 2013 May 10, 2013 Deposit of Entry into Force State Signature Ratification of Convention Deposit of Entry into Force State Signature Ratification of Convention 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, 1969 Haiti Jan. 30, 1985 Oct. 27, 2009 Nov. 26, 200912 | ICSID ANNUAL REPORT 2014 | 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 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 San Marino Apr. 11, 2014 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 2014 | 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 complete list of members of the Panels of Arbitrators and of Conciliators is available on the ICSID website. 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 ever 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 FY2014, 15 ICSID Contracting States made designations to the ICSID Panels: Afghanistan, Bahrain, Democratic Republic of the Congo, the Czech Republic, Georgia, Germany, Greece,

encourage States to name qualified candidates where nominations have expired or the Panels are otherwise incomplete. During FY2014, 15 ICSID Contracting States made designations to the ICSID Panels: Afghanistan, Bahrain, Democratic Republic of the Congo, the Czech Republic, Georgia, Germany, Greece, Hungary, Latvia, Saudi Arabia, Singapore, Slovak Republic, Sweden, Timor-Leste, and Zimbabwe. In all, 82 persons were designated or re-designated to the Panels. At the end of FY2014, there were 590 individuals on the ICSID Panels of Arbitrators and of Conciliators. The names of designees to the ICSID Panels made in FY2014 are provided on the following page.

CHAPTER 3

PANELS OF ARBITRATORS AND

OF CONCILIATORS

Elba Gutierrez, Argentina Irradiacion Prof. Piero Bernardini, Tribunal member, and ICSID Counsel Natalí Sequeira at a hearing for Mobil Exploration and Development Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic, Washington, D.C., May 3, 2014, Benjamin Garel, World Bank16 | ICSID ANNUAL REPORT 2014 | 17 AFGHANISTAN Panels of Arbitrators and of Conciliators Designations effective February 11, 2014: Abdul Sulaiman Ghafoori, Phillip James Walker Panel of Arbitrators Designations effective February 11, 2014: Abdullah Dowrani, Abdurrahman Mujahid Panel of Conciliators Designations effective February 11, 2014: Nazir Kabiri, Mohamed Khalid Payenda

BAHRAIN

Panel of Conciliators Designations effective July 8, 2013: Khalid Hamad Abdulrahman, Huda Hussain Al Maskati, Yusuf Humood, Aref Saleh Khamis

DEMOCRATIC REPUBLIC OF

THE CONGO

Panel of Arbitrators Designation effective September 25, 2013: Mwilanya Wilondja Panel of Conciliators

Khalid Hamad Abdulrahman, Huda Hussain Al Maskati, Yusuf Humood, Aref Saleh Khamis

DEMOCRATIC REPUBLIC OF

THE CONGO

Panel of Arbitrators Designation effective September 25, 2013: Mwilanya Wilondja Panel of Conciliators Designations effective September 25, 2013: Kolongele Eberande, Luaba Nkuna

CZECH REPUBLIC

Panel of Arbitrators Designations effective December 14, 2013: Vladimír Balaš, Daniela Christina Devereaux, Alexandr Mareš GEORGIA Panels of Arbitrators and of Conciliators Designation effective November 28, 2013: Paul Friedland Panel of Arbitrators Designation effective November 28, 2013: Brigitte Stern Panel of Arbitrators Designation effective February 4, 2014: Rolf Knieper Panel of Conciliators Designation effective November 28, 2013: Thomas H. Lee

GERMANY

Panel of Arbitrators Designations effective September 5, 2013: Karl-Heinz Böckstiegel, Inka Hanefeld, Sabine Konrad, Klaus Sachs Panel of Conciliators Designation effective September 5, 2013: Patricia Nacimiento Panel of Conciliators Designations effective December 14, 2013: Anke Meier, Stephan Schill, Sebastian Seelmann-Eggebert

GREECE

Panel of Arbitrators Designations effective January 27, 2014: Antonias C. Dimolitsa, Loukas Mistelis, Evanghelos Perakis, Michael Stathopoulos Panel of Conciliators Designations effective January 27, 2014: Ioannis C. Dryllerakis, Harry Kyriazis, Michael Marinos, Ioannis Vassardanis

HUNGARY

Panel of Arbitrators Designations effective May 5, 2014: Péter Györfi-Tóth, Jean Engelmayer Kalicki,

Ioannis C. Dryllerakis, Harry Kyriazis, Michael Marinos, Ioannis Vassardanis

HUNGARY

Panel of Arbitrators Designations effective May 5, 2014: Péter Györfi-Tóth, Jean Engelmayer Kalicki, János Martonyi, István Varga Panel of Conciliators Designations effective May 5, 2014: János Burai-Kovács, Kolos Kardkovács, Miklós Király, Attila Menyhárd

LATVIA

Panel of Arbitrators Designations effective January 24, 2014: Andis Auza, Inga Kačevska, Eva Kalniņa, Mārtiņš Paparinskis Panel of Conciliators Designation effective January 24, 2014: Ziedonis Ūdris SAUDI ARABIA Panels of Arbitrators and of Conciliators Designations effective July 8, 2013: Abdulrahman Ibrahim Alhumaid, Yahya A. Alyahya, Ziad Bin Abdulrahman Al-Sudairy, Sherif Omar Hassan

SINGAPORE

Panel of Arbitrators Designations effective December 1, 2013: Lawrence Boo, Cavinder Bull, Sek Keong Chan, Sundaresh Menon Panel of Conciliators Designations effective December 1, 2013:

S. Jayakumar, Tommy Koh, George Lim,

Chelva Rajah

SLOVAK REPUBLIC

Panel of Arbitrators Designations effective July 15, 2013: Mark A. Clodfelter, Václav Mikulka, Peter Tomka

SWEDEN

Panel of Arbitrators Designations effective November 15, 2013: Kaj Hobér, Lena Frånstedt Lofalk, Bo G. H. Nilsson, Christer Söderlund Panel of Conciliators Designations effective November 15, 2013:

SWEDEN

Panel of Arbitrators Designations effective November 15, 2013: Kaj Hobér, Lena Frånstedt Lofalk, Bo G. H. Nilsson, Christer Söderlund Panel of Conciliators Designations effective November 15, 2013: Lars Edlund, Christina Ramberg, Eric M. Runesson, Claes Zettermarck TIMOR-LESTE Panels of Arbitrators and of Conciliators Designations effective August 22, 2013: Pierre Richard Prosper, Yu-Jin Tay

ZIMBABWE

Panel of Arbitrators Designations effective October 28, 2013:

S. J. Chihambakwe, M. S. Gwaunza, V. Mudimu,

L. Uriri

Panel of Conciliators Designations effective October 28, 2013:

T. Bere, C. Dube, P . Dube, M. Matshiya18 | ICSID ANNUAL REPORT 2014 | 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). Its primary purpose is to provide facilities and services to support resolution of international investment disputes. It administers cases under the ICSID Convention, the ICSID Additional Facility, and other rules such as the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL Arbitration 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, and the ICSID Additional Facility Rules. Conciliation and arbitration under the ICSID Convention involves a legal dispute between an ICSID

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, and 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. 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. 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 other than those available under 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. It also provides such assistance in cases conducted under free trade agreements. 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 six instances, and a