CIADI - Annual report 2016

2016

ANNUAL

REPORT

50

ANNIVERSARY

YEARS2016

ANNUAL

REPORT

50 ANNIVERSARY YEARSI Be You You Be Me (2007), Victor Ekpuk, Nigeria Photo by Otylia Babiak, World BankLetter of T ransmittal 1 Foreword 3 Highlights of FY2016 6 ICSID‘s 50 Y ears — A Timeline 8 Chapter 1: Membership 11 Chapter 2: Panels of Arbitrators and of Conciliators 21 Chapter 3: Operations of the Centre 26 ICSID Secretariat 52 Chapter 4: Outreach 55 Chapter 5: Forty-ninth Annual Meeting of the Administrative Council 74 Chapter 6: Finance 77 Financial Statements 78 Independent Auditors’ Report 92 CONTENTSWorld Bank Group Headquarters, Washington, D.C., Otylia Babiak, World BankANNUAL REPORT 2016 1 September 6, 2016 Dear Mr. Chairman, I am pleased to submit the Annual Report on the operation of the International Centre for Settlement of Investment Disputes to the Administrative Council for its approval. This Annual Report covers the fiscal year from July 1, 2015 to June 30, 2016. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 19. Y ours sincerely, Meg Kinnear Secretary-General Dr. Jim Y ong Kim Chairman Administrative Council International Centre for Settlement of Investment Disputes

INTERNATIONAL CENTRE FOR SETTLEMENT

OF INVESTMENT DISPUTES2 ICSID

Inside ICSID’s new offices, Washington, D.C., Scholastica Nguyen, Patricia Hord Graphik Design Flags of all nations. ArtisticPhoto, ShutterstockANNUAL REPORT 2016 3 The ICSID Convention entered into force on October 14, 1966, making this year the 50 th anniversary of the Convention and of the ICSID system of dispute settlement created by Member States under the Convention.

Flags of all nations. ArtisticPhoto, ShutterstockANNUAL REPORT 2016 3 The ICSID Convention entered into force on October 14, 1966, making this year the 50 th anniversary of the Convention and of the ICSID system of dispute settlement created by Member States under the Convention. T oday, ICSID has become the premier institution for international investment dispute settlement. It has administered approximately 70% of all known cases under various international instruments, including investment treaties, contracts and laws. Five hundred and seventy cases have been registered at ICSID in the past five decades, which significantly contributed to the jurisprudence in international investment law: 265 awards have been rendered by ICSID tribunals and 52 decisions on annulment were issued by ad hoc committees. ICSID has also been a leader in procedural innovation, including through adoption of the first provisions on transparency of the arbitral process, participation of amicus curiae, and expedited preliminary motions. As can be seen from the summary of highlights in the following section and the detailed overview of operations in Chapter 3, ICSID’s core function remains the provision of impartial, cost-effective and high quality dispute settlement services. In fiscal year 2016, the Centre fulfilled this function by registering 45 cases, administering a new record of 247 cases, constituting more than 70 tribunals, holding nearly 150 hearings in numerous locations, and concluding 51 cases.

FOREWORD

MEG KINNEAR ICSID Secretary-General4 ICSID In addition, the ICSID Secretariat sponsored numerous special activities this year to mark its 50th anniversary. For example, we offered training on ICSID arbitration in every region, often coupled with expert conferences addressing the most important issues in our field. We published Practice Notes for Respondents in ICSID Arbitration, three special focus issues of the ICSID Review, and an updated Background Paper on Annulment. We also implemented the new ICSID website which

with expert conferences addressing the most important issues in our field. We published Practice Notes for Respondents in ICSID Arbitration, three special focus issues of the ICSID Review, and an updated Background Paper on Annulment. We also implemented the new ICSID website which will soon be available for the first time in the three official languages of ICSID. A highlight of the anniversary celebrations has been the publication of “Building International Investment Law: The First 50 Y ears of ICSID”. This book studies the 50 leading cases decided at ICSID, with chapters addressing general principles, jurisdiction, substantive legal standards of protection, reservations and defenses, valuation, and procedural matters. It is an exceptional work, befitting the event it commemorates. This level of activity could not be achieved or maintained without the dedication and hard work of the staff of the ICSID Secretariat. I am most grateful for their collegiality, professionalism and support, and I thank them for another stellar year. In addition, I would like to thank the ICSID Member States and facility users for their confidence in ICSID. There is no doubt that the ICSID system has been a landmark development in international law which has contributed to the promotion of international investment and the rule of law across the globe. We intend to continue pursuing this goal in the years ahead and supporting States and foreign investors in the peaceful resolution of disputes. Meg Kinnear Secretary-GeneralANNUAL REPORT 2016 5 ““ Today , ICSID has become the premier institution for international investment dispute settlement. It has administered approximately 70% of all known cases under various international instruments, including investment treaties, contracts and laws.HIGHLIGHTS OF FY2016 THE CENTRE CONCLUDED 51 CASES IN THE PAST YEAR, demonstrating that its efforts to expedite the arbitral process are having an impact on the duration of individual cases.

ICSID HAS A STAFF OF CLOSE TO 70 PROFESSIONALS. More than half of

THE CENTRE CONCLUDED 51 CASES IN THE PAST YEAR, demonstrating that its efforts to expedite the arbitral process are having an impact on the duration of individual cases. ICSID HAS A STAFF OF CLOSE TO 70 PROFESSIONALS. More than half of ICSID staff are lawyers trained in various civil and common law jurisdictions. The members of the Secretariat speak more than 20 languages in addition to the Centre’s official languages, English, French and Spanish. 45 CASES WERE REGISTERED BY ICSID in the fiscal year ending June 30, 2016. ICSID NOW HAS 15 INSTITUTIONAL AGREEMENTS WITH OTHER INTERNATIONAL ARBITRAL INSTITUTIONS, with 2 new agreements concluded in FY2016. This complements its capacity to hold hearings anywhere in the world. IRAQ AND NAURU JOINED ICSID, bringing its membership to 153 Contracting and 161 Signatory States.

THE FIRST ICSID BRIEFING FOR EMBASSY REPRESENTATIVES WAS HELD IN

WASHINGTON, D.C. IN SEPTEMBER 2015, updating local representatives on ICSID operations and developing further communication with Member States. This event will take place every year before the Annual Meeting of the Administrative Council. 51

6 ICSIDA NUMERIC PROFILE OF ICSID MORE THAN 90 PRESENTATIONS WERE GIVEN BY SECRETARIAT STAFF in over 28 countries on 6 continents.

At fiscal year-end, the ICSID Panels of Arbitrators and of Conciliators contained the largest number of nominees to date, with 104 NEW DESIGNATIONS RECEIVED from 23 Member States in the past year. 119 INDIVIDUALS from 40 different countries of origin were appointed to serve as arbitrators, conciliators or ad hoc committee members this fiscal year. The tribunals constituted included 27 first-time appointees in ICSID cases and 23% of these appointees were women. In FY2016, 147 HEARINGS WERE HELD, continuing a five-year trend of

tribunals constituted included 27 first-time appointees in ICSID cases and 23% of these appointees were women. In FY2016, 147 HEARINGS WERE HELD, continuing a five-year trend of holding more than 100 hearings a year in ICSID cases. ICSID ADMINISTERED 247 CASES IN FY2016, the greatest number of cases ever administered in a single year. ICSID’s 550th case overall was registered in February

2016, and 570 CASES HAD BEEN REGISTERED BY

THE FISCAL YEAR-END.

ANNUAL REPORT 2016 71960 1970 1980

1965 Tunisia and the United Kingdom become the first States to sign the ICSID Convention Nigeria becomes the first State to ratify the Convention ICSID Convention enters into force following ratification by 20 States 1966 1978 Administrative Council adopts the Additional Facility Rules 1984 ICSID Regulations and Rules are amended First ICSID arbitration case on the basis of an investment law is registered: Southern Pacific Properties (Middle East) Limited v. Arab Republic of Egypt 1986 ICSID begins publishing the ICSID Review – Foreign Investment Law Journal 1987 1972 First ICSID arbitration case is registered: Holiday Inns S.A. and others v. Morocco First ICSID arbitration case is registered on the basis of an investment treaty: Asian Agricultural Products Limited v. Democratic Socialist Republic of Sri Lanka 1973 1982 First ICSID conciliation case is registered: SEDITEX Engineering Beratungsgesellschaft für die Textilindustrie m.b.H. v. Madagascar ICSID begins publishing its multivolume collection of Investment Laws of the World

ICSID‘S 50 YEARS – A TIMELINE

case is registered: SEDITEX Engineering Beratungsgesellschaft für die Textilindustrie m.b.H. v. Madagascar ICSID begins publishing its multivolume collection of Investment Laws of the World ICSID‘S 50 YEARS – A TIMELINE 8 ICSID2000 20101990 First Additional Facility arbitration case is registered: Metalclad Corporation v. United Mexican States 1997 First ICSID arbitration under the Energy Charter

Treaty is registered: AES Summit Generation Limited v. Republic of

Hungary 2001 2007 Non-disputing party submissions are made for the first time in an

ICSID proceeding: Biwater Gauff

(Tanzania) Ltd. v. United Republic of Tanzania First arbitration under

CAFTA-DR is registered: Railroad Development Corporation v. Republic of Guatemala First case in which a party files an objection that a claim is manifestly without

legal merit: Trans-Global Petroleum, Inc. v. Hashemite Kingdom of Jordan 2012 ICSID issues the first edition of its Background Paper on Annulment 2016 30th anniversary of the ICSID Review ICSID Convention Membership stands at 153 Contracting States ICSID celebrates the 50th anniversary of its establishment by the ICSID Convention 2006 ICSID Regulations and Rules are amended 2015 ICSID registers the 500th case 2002 Administrative Council adopts amendments to the ICSID Regulations and Rules, effective January 1, 2003 1999 First NAFTA case administered by ICSID is decided: Robert Azinian and others v. United Mexican States

ANNUAL REPORT 2016 910 ICSID

the ICSID Regulations and Rules, effective January 1, 2003 1999 First NAFTA case administered by ICSID is decided: Robert Azinian and others v. United Mexican States ANNUAL REPORT 2016 910 ICSID Milanka Kostadinova, Team Leader/ICSID Legal Counsel, with H.E. Dr. Sami R. Al-Araji, Chairman of the National Investment Commission of Iraq, government representatives and World Bank officials, at the signing of the ICSID Convention, Washington, D.C., November 17, 2015, Otylia Babiak, World BankANNUAL REPORT 2016 11 ICSID is an intergovernmental organization established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. ICSID is also the only global arbitration institution offering a specialized forum for international investment dispute resolution. Consistent with its mandate, ICSID provides a wide range of modern arbitration and conciliation services and various platforms for information and collaboration in the field of international investment law and arbitration. Membership has been expanding since ICSID’s establishment in 1966, reflecting its global relevance and its leading role as the world’s largest institution dealing with the resolution of international investment dispute settlement. During FY2016, the Republic of Iraq and the Republic of Nauru became ICSID Contracting States by signing and depositing instruments of ratification of the Convention. With the two most recent ratifications, ICSID had 161 Signatory States and 153 Contracting States of the ICSID Convention by the end of FY2016. MEMBERSHIP CHAPTER 1This map was produced by the Map Design Unit of The World Bank. The boundaries, colors, denominations and any other information shown on this map do not imply, on the part of The World Bank Group, any judgment on the legal status of any territory, or any endorsement or acceptance of such boundaries.

IBRD 39525 |

The boundaries, colors, denominations and any other information shown on this map do not imply, on the part of The World Bank Group, any judgment on the legal status of any territory, or any endorsement or acceptance of such boundaries. IBRD 39525 | JUNE 30, 2016General Services Budget, Performance Review & Strategic Planning Printing & Multimedia

12 ICSIDCONTRACTING STATES TO THE ICSID CONVENTION

SIGNATORY STATES TO THE ICSID CONVENTION ANNUAL REPORT 2016 1314 ICSID The 161 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 153 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

LIST OF CONTRACTING STATES AND OTHER SIGNATORIES OF THE CONVENTION AS OF JUNE 30, 2016ANNUAL REPORT 2016 15

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 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 Deposit of Entry into Force State Signature Ratification of Convention16 ICSID 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, 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 Iraq Nov. 17, 2015 Nov. 17, 2015 Dec. 17, 2015 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 Deposit of Entry into Force State Signature Ratification of ConventionANNUAL REPORT 2016 17 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 Morocco Oct. 11, 1965 May 11, 1967 June 10, 1967 Mozambique Apr. 4, 1995 June 7, 1995 July 7, 1995 Namibia Oct. 26, 1998 Nauru Apr. 12, 2016 Apr. 12, 2016 May 12, 2016 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 Deposit of Entry into Force State Signature Ratification of Convention18 ICSID 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 Apr. 18, 2015 May 18, 2015

Sao T ome 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 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 Deposit of Entry into Force State Signature Ratification of ConventionANNUAL REPORT 2016 19 Switzerland Sep. 22, 1967 May 15, 1968 June 14, 1968 Syria May 25, 2005 Jan. 25, 2006 Feb. 24, 2006 T anzania Jan. 10, 1992 May 18, 1992 June 17, 1992 Thailand Dec. 6, 1985 Timor-Leste July 23, 2002 July 23, 2002 Aug. 22, 2002 To g o Jan. 24, 1966 Aug. 11, 1967 Sep. 10, 1967 T onga May 1, 1989 Mar. 21, 1990 Apr. 20, 1990 T rinidad and T obago Oct. 5, 1966 Jan. 3, 1967 Feb. 2, 1967 T unisia May 5, 1965 June 22, 1966 Oct. 14, 1966 T urkey June 24, 1987 Mar. 3, 1989 Apr. 2, 1989 T urkmenistan 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 Y emen, 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 Deposit of Entry into Force State Signature Ratification of Convention20 ICSID Martina Polasek, Chief Legal Counsel, interviewing Eduardo Zuleta, Member of ICSID Panel of Arbitrators, on reducing the duration of proceedings, Washington, D.C., May 4, 2016, Benjamin Garel, World BankANNUAL REPORT 2016 21 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 nonnationals 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

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. T o this end, the Centre continues to encourage States to name qualified candidates where nominations have expired or the Panels are otherwise incomplete. During FY2016, 23 ICSID Contracting States made designations to the

ICSID Panels: the Bahamas, Bahrain, Bangladesh, Belarus, Belgium,

Bulgaria, Cameroon, Italy, Lithuania, Macedonia, Mali, Mauritius, Morocco, Netherlands, Norway, Panama, Philippines, Romania, Rwanda, Seychelles, Slovenia, Somalia, and the United States of America.

PANELS OF ARBITRATORS

AND OF CONCILIATORS

CHAPTER 222 ICSID THE BAHAMAS Panels of Arbitrators and of Conciliators Designation effective September 7, 2015: Dame Joan Sawyer

BAHRAIN

Panel of Arbitrators Designation effective July 7, 2015: Mohammed Ali T aleb BANGLADESH Panels of Arbitrators and of Conciliators Designations effective March 10, 2016: Sameer Sattar, Fazle Noor T aposh

BELARUS

Panel of Arbitrators Designations effective December 29, 2015: Alexey Anischenko, Elena V. Babkina, Aliaksandr Danilevich, Alexandre Khrapoutski Panel of Conciliators Designations effective December 29, 2015:

BELARUS

Panel of Arbitrators Designations effective December 29, 2015: Alexey Anischenko, Elena V. Babkina, Aliaksandr Danilevich, Alexandre Khrapoutski Panel of Conciliators Designations effective December 29, 2015: Vladimir A. Abramovich, Konstantin Mikhel, Mikhail Y . Kastsiukou, Andrey L. Kozik

BELGIUM

Panel of Arbitrators Designations effective April 4, 2016: Bernard Hanotiau, Didier Matray, Vera Van Houtte Panel of Conciliators Designations effective April 4, 2016: Nicolas Angelet, Freya Baetens, Herman Verbist BULGARIA Panels of Arbitrators and of Conciliators Designations effective March 17, 2016: Angel Kalaidjiev, Georgi Spasov, Lazar T omov, Sylvia T onova

CAMEROON

Panel of Arbitrators Designations effective October 6, 2015: Gaston Kenfack Douajni, Mougnal Sidi, Isaac T amba, Georges Gérard Wamba Makollo Panel of Conciliators Designations effective October 6, 2015: Brigitte Ada Nnengue, Fadimatou Hayatou, Colins Leprince Kombou, Aloysus Sama The names of designees to the ICSID Panels made in FY2016 are provided below. In all, 104 persons were designated or re-designated to the Panels in FY2016. By the end of the year, there were 625 individuals on the ICSID Panels of Arbitrators and of Conciliators.ANNUAL REPORT 2016 23

ITAL Y

Panel of Arbitrators Designations effective March 28, 2016: Piero Bernardini, Antonio Crivellaro, Andrea Giardina, Luca G. Radicati di Brozolo Panel of Conciliators

ITAL Y

Panel of Arbitrators Designations effective March 28, 2016: Piero Bernardini, Antonio Crivellaro, Andrea Giardina, Luca G. Radicati di Brozolo Panel of Conciliators Designations effective March 28, 2016: Fabio Bassan, Anna de Luca, Ferdinando Emanuele, Maria Chiara Malaguti

LITHUANIA

Panel of Arbitrators Designation effective October 13, 2015: Inga Martinkutė Panel of Conciliators Designations effective October 13, 2015: Raimundas Moisejevas, Solveiga Palevičienė, Rimantas Simaitis, Kęstutis Švirinas MACEDONIA Panels of Arbitrators and of Conciliators Designation effective June 6, 2016: Danela Arsovska Panel of Arbitrators Designation effective June 6, 2016: Alexis Mourre Panel of Conciliators Designation effective June 6, 2016: Maja Saveska MALI Panels of Arbitrators and of Conciliators Designations effective July 13, 2015: Samba Amineta Sarr, Boubacar Sidiki Diarrah, Boubacar Sow, Sékou T raore MAURITIUS Panels of Arbitrators and of Conciliators Designations effective January 14, 2016: Désiré Basset, Ravindra Chetty, Raouf Gulbul, Salim Moollan24 ICSID MOROCCO Panels of Arbitrators and of Conciliators Designations effective May 28, 2016: Idriss Bouziane, El Hassan El Guassim, El Houcine Khalifa, Abdelkader Lahlou NETHERLANDS Panels of Arbitrators and of Conciliators Designations effective July 9, 2015:

Designations effective May 28, 2016: Idriss Bouziane, El Hassan El Guassim, El Houcine Khalifa, Abdelkader Lahlou NETHERLANDS Panels of Arbitrators and of Conciliators Designations effective July 9, 2015: Arthur S. Hartkamp, Jacomijn J. Van Haersolte-Van Hof, Melanie Van Leeuwen Panel of Arbitrators Designation effective July 9, 2015: Albert Jan van den Berg Panel of Conciliators Designation effective July 9, 2015: Mauritius Wijffels NORWAY Panels of Arbitrators and of Conciliators Designations effective February 16, 2016: Rolf Einar Fife, Siri T eigum Panel of Arbitrators Designations effective February 16, 2016: Mads Andenas, Henrik Bull Panel of Conciliators Designations effective February 16, 2016: Ole Kristian Fauchald, Ola Mestad PANAMA Panels of Arbitrators and of Conciliators Designations effective February 10, 2016: Inocencio Galindo de Obarrio, Carlos Ernesto González Ramírez, Maruquel Pabón de Ramírez, Ana Lucrecia T ovar de Zarak

PHILIPPINES

Panel of Arbitrators Designations effective June 29, 2015: Cornelio C. Gison, Maria Gracia M. Pulido T an Panel of Arbitrators Designations effective July 7, 2015: Jose Manuel I. Diokno, Serafin U. Salvador Jr. Panel of Conciliators Designations effective June 29, 2015: Romeo L. Bernardo, Virginia T. Obcena Panel of Conciliators Designations effective July 20, 2015: Lina D. Isorena, John P. Sevilla ROMANIA Panels of Arbitrators and of Conciliators

Romeo L. Bernardo, Virginia T. Obcena Panel of Conciliators Designations effective July 20, 2015: Lina D. Isorena, John P. Sevilla ROMANIA Panels of Arbitrators and of Conciliators Designations effective April 27, 2016: Ion Gâlea, Dragos-Alexandru SitaruANNUAL REPORT 2016 25

RWANDA

Panel of Arbitrators Designations effective October 22, 2015: Robert Bafakulera, Anita Mugeni, Richard Mugisha, Bernadette Uwicyeza Panel of Conciliators Designations effective October 22, 2015: Clare Akamanzi, Isabelle Kalihangabo, Emmanuel Kamere, Faustin Ntezilyayo

SEYCHELLES

Panel of Arbitrators Designation effective June 20, 2016: Giorgio Sacerdoti SLOVENIA Panels of Arbitrators and of Conciliators Designation effective September 23, 2015: Miran Jus Panel of Arbitrators Designation effective September 23, 2015: Konrad Plauštajner SOMALIA Panels of Arbitrators and of Conciliators Designation effective June 20, 2016: Baiju S. Vasani Panels of Arbitrators and of Conciliators Designation effective June 23, 2016: Maryan Mohamed Salah Hassan

UNITED STATES OF AMERICA

Panel of Arbitrators Designations effective February 23, 2016: