CIADI - Annual report 2019

Excellence in Investment Dispute Resolution

2019 ICSID Annual ReportEXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

2ICSID is an international facility available to States and foreign investors for the resolution of investment disputes. Established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention), it is the only global institution dedicated to international investment dispute settlement. Through its specialized rules of procedure, world-class facilities, and expert legal and administrative support, ICSID provides unparalleled dispute resolution services to States and investors. Since the first case was registered with ICSID in 1972, the majority of all known international investment disputes have been administered by ICSID. About ICSID 2019 ICSID ANNUAL REPORT iiiDear Chair Malpass, I am pleased to submit the Annual Report on the operation of the International Centre for Settlement of Investment Disputes for approval by the Administrative Council. This Annual Report covers the fiscal year from July 1, 2018 to June 30, 2019. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 19. Yours sincerely, Meg Kinnear Secretary-General September 9, 2019 Letter of Transmittal Mr. David R. Malpass Chair, Administrative Council International Centre for Settlement of Investment Disputes EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION ivLetter of Transmittal iv Message from the Secretary-General 1 Message from the Chair 3 ICSID Secretariat 4 Spotlight on ICSID Rule Amendments 8 Membership 11 Panels of Arbitrators and of Conciliators 15 Caseload Trends 19 Spotlight on ICSID Hearing Facilities 31 Outreach and Training 35 Spotlight on the 35th Annual Joint Colloquium on International Arbitration 40 Fifty-Second Annual Meeting 47 Finance 48 List of Member States 67 Contents 2019 ICSID ANNUAL REPORT vMeg Kinnear ICSID Secretary-General

Outreach and Training 35 Spotlight on the 35th Annual Joint Colloquium on International Arbitration 40 Fifty-Second Annual Meeting 47 Finance 48 List of Member States 67 Contents 2019 ICSID ANNUAL REPORT vMeg Kinnear ICSID Secretary-General EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION viICSID was established in 1966 with the express goal of leveraging private investment for economic development by providing States and foreign investors with an impartial international facility for resolving disputes. ICSID is committed to delivering world-class services to its clients, and, over the past year, has taken two major steps to further modernize its rules and facilities. First, substantial progress has been made in updating ICSID’s procedural rules for arbitration, conciliation, mediation and fact-finding. ICSID published two iterations of proposed rule amendments in FY2019—the first in August 2018 and the second in March 2019. The proposals have been developed through extensive consultation with Member States, legal professionals and the public. Thanks to the Herculean efforts of all involved, the amended rules promise to be a great advance in the efficiency and effectiveness of ICSID procedure. ICSID Member States and the Secretariat continue to fine-tune the proposals with the aim of submitting them to the Administrative Council for approval in 2020. Second, ICSID opened its new offices and hearing centre in Washington, D.C. The hearing centre takes ICSID’s long experience in what functionally makes for a good hearing space— and adds the best that modern technology has to offer. The results are hearing, deliberation and break-out rooms that are truly state-of-the-art, and will serve investment and trade dispute settlement proceedings for many years to come. In addition, ICSID signed cooperation agreements with the Casablanca International Mediation and Arbitration Centre, the Kigali International Arbitration Centre, the Madrid Court of

and will serve investment and trade dispute settlement proceedings for many years to come. In addition, ICSID signed cooperation agreements with the Casablanca International Mediation and Arbitration Centre, the Kigali International Arbitration Centre, the Madrid Court of Arbitration, and the Qatar International Court and Dispute Resolution Centre. These agreements enlarge ICSID’s global service and and signal a commitment to sharing knowledge on international investment dispute resolution amongst the partnering institutions. Message from the Secretary-General Meg Kinnear, Secretary-General of ICSID. © ICSID 2019 ICSID ANNUAL REPORT 1The ICSID Secretariat continues to administer a steadily growing caseload. In FY2019, 52 ICSID cases were registered, bringing the overall number of pending cases to a record 306. In addition to cases under the ICSID Convention and Additional Facility, ICSID has also seen an increase in cases registered under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). These trends are a clear sign of the robustness of the ICSID system and the skill of its Secretariat. A detailed overview of FY2019 case-related statistics is provided on page 19 of this report. It has also been an honour this past year to witness Mexico becoming the 154th Contracting State to the ICSID Convention and Djibouti being the 163rd Signatory State. Mexico’s participation in the Administrative Council is a tremendous gain for ICSID, and I similarly look forward to Djibouti taking a seat on the Council in the near future. This year I have also had the pleasure to begin working with the new President of the World Bank Group and Chair of the ICSID Administrative Council, David R. Malpass. President Malpass has a keen appreciation of the role ICSID serves in strengthening the international investment climate. I also wish to thank Jim Yong Kim, ICSID’s previous Chair, and

Bank Group and Chair of the ICSID Administrative Council, David R. Malpass. President Malpass has a keen appreciation of the role ICSID serves in strengthening the international investment climate. I also wish to thank Jim Yong Kim, ICSID’s previous Chair, and Kristalina Georgieva, who served as Interim Chair, for their continuous support of ICSID and understanding of the vital role that ICSID plays in enhancing international investment. Finally, I would like to acknowledge the talent and dedication of the staff at ICSID. Without them, the accomplishments detailed on the following pages would not have been possible. Meg Kinnear Secretary-General ICSID is committed to delivering world-class services to its clients.

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

2The World Bank Group is fully committed to helping our clients overcome political and regulatory risks that deter private investment from entering new markets. The International Centre for Settlement of Investment Disputes plays a vital role in that effort as the world’s leading institution supporting international investment dispute resolution. By providing arbitration, mediation, conciliation, and fact-finding services, ICSID ensures that States and foreign investors have an impartial facility— and a range of tools—to address grievances effectively. ICSID helps provide assurances that legal, procedural, and institutional frameworks will be respected, which allows governments and businesses to focus on the core task of attracting, retaining, and leveraging foreign investment for sustainable, inclusive growth. David Malpass President, World Bank Group Chair, Administrative Council Message from the Chair

2019 ICSID ANNUAL REPORT

3The ICSID Secretariat carries out the day-to-day operations of the Centre. Its composition and principal functions are set out in the ICSID Convention (Articles 9 to 11) and the Administrative and Financial Regulations. The ICSID Secretariat is led by the Secretary-General, who is assisted by two Deputy Secretaries-General. The majority of staff are dedicated to providing professional administrative and financial services

Convention (Articles 9 to 11) and the Administrative and Financial Regulations. The ICSID Secretariat is led by the Secretary-General, who is assisted by two Deputy Secretaries-General. The majority of staff are dedicated to providing professional administrative and financial services to cases. A case management team is assigned to each case, led by an experienced legal counsel and assisted by paralegals and legal assistants. A financial and administrative team oversees the financial aspects of cases, as well as the ICSID budget. It also handles ICSID’s archives, human resources and information technology. The ICSID Secretariat also supports ICSID Member States. A dedicated team maintains up-to-date lists of notifications and designations made by Member States, providing training courses on request, and publishing guidance notes on ICSID practices and procedures. The Secretariat also convenes meetings of officials from Member States; for example, in FY2019, ICSID hosted two in-person and several online consultations on the amendment of ICSID’s procedural rules with the full support of the membership. The Secretariat plays an important role in publishing data on ICSID cases, and fostering awareness of international investment dispute settlement more broadly. ICSID maintains an information-rich website, including databases on cases, membership, and arbitrators, conciliators and committee members. Since 1986, ICSID has also published the world’s leading journal on international investment law, the ICSID Review— Foreign Investment Law Journal. The ICSID Secretariat is amongst the most diverse organizations in the World Bank Group. Seventy-five percent of the Secretariat are women, across all levels and roles. ICSID’s 65 staff members represent 24 nationalities and are fluent in 25 languages. ICSID Secretariat

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

465

MEMBERS

24

NATIONALITIES

ICSID STAFF

25

LANGUAGES

staff members represent 24 nationalities and are fluent in 25 languages. ICSID Secretariat

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

465

MEMBERS

24

NATIONALITIES

ICSID STAFF

25 LANGUAGES Staff of the ICSID Secretariat. © ICSID

2019 ICSID ANNUAL REPORT

5Secretariat Staff as of June 30, 2019

SECRETARY-GENERAL

Meg Kinnear

DEPUTY SECRETARY-GENERAL

Gonzalo Flores Martina Polasek

LEGAL STAFF

SENIOR LEGAL ADVISER

Milanka Kostadinova

TEAM LEADER/LEGAL COUNSEL

Aurélia Antonietti Paul-Jean Le Cannu Frauke Nitschke Natalí Sequeira

LEGAL COUNSEL

Francisco Abriani Laura Bergamini Ana Conover Mercedes Cordido-Freytes de Kurowski Aïssatou Diop Geraldine Fischer Benjamin Garel Lindsay Gastrell Francisco J. Grob Anna Holloway Alex B. Kaplan Catherine Kettlewell Alicia Martín Blanco Sara Marzal Jara Mínguez Almeida Marco Tulio Montañés-Rumayor Leah W. Njoroge Marisa Planells-Valero Ella Rosenberg Celeste Salinas Quero Luisa Fernanda T orres Anna T oubiana

LEGAL COUNSEL— INSTITUTIONAL MATTERS

Daniela Argüello Randi Ayman Otylia Babiak

PARALEGAL, ADMINISTRATIVE AND

CLIENT SUPPORT STAFF

PARALEGAL

Geraldine Alonso Ghersi Jacqueline G. Argueta Colleen Ferguson Ivania Fernández Ayling Kocchiu

Ekaterina Minina Phoebe Ngan Céline Pommier Maria-Rosa B. Rinne Federico Salon Kajganich

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

6Francisco Sánchez Stuti Sood Elizabeth Starkey

LEGAL ASSISTANT

Alix Ahimon Paula Carazo Dante Herrera Guzmán Lanny Isimbi Jennifer Ann Meléndez Mayra A. Román

ADMINISTRATIVE ASSISTANT TO

SECRETARY-GENERAL

Cindy Ayento

PROGRAM ASSISTANT

Sherri Akanni Anita Chen

FINANCIAL AND GENERAL

ADMINISTRATION STAFF

TEAM LEADER/SR. PROGRAM OFFICER

Javier Castro

FINANCIAL OFFICER

Azeb Debebe Mengistu

FINANCIAL ANALYST

Walter Meza-Cuadra Cynthia Nyaoro

HEARINGS AND EVENTS ORGANIZER

Lamiss Al-T ashi

HEARINGS AND EVENTS ASSISTANT

Diana Magalona

COMMUNICATIONS OFFICER

Damon Vis-Dunbar

INFORMATION TECHNOLOGY ANALYST

Patricia V. Romero

RECEPTIONIST

Rachel Evangelista

RECORDS ASSISTANT

Sebastian Shepherd

2019 ICSID ANNUAL REPORT

7Spotlight on ICSID Rule Amendments Substantial progress was made over the course of FY2019 in the ongoing round of updating the ICSID rules and regulations. This is the fourth—and most comprehensive—review of the rules to date, and has entailed extensive consultation with ICSID Member States, legal professionals and the public. The rule amendment project intends to modernize and streamline the rules, and reduce the time, cost and environmental foot-print of cases. ICSID is also addressing a number of topics—for example, disclosure of third-party funding and increased transparency—that have been raised as part of the consultation process. Comments received from States and the public over the course of 2017 fed into a working paper published in August 2018 (Working Paper #1:

also addressing a number of topics—for example, disclosure of third-party funding and increased transparency—that have been raised as part of the consultation process. Comments received from States and the public over the course of 2017 fed into a working paper published in August 2018 (Working Paper #1: Proposals for Amendment of the ICSID Rules). ICSID Member States gathered in September 2018 to discuss the proposals. ICSID subsequently held over 75 consultations with individual Member States and the public, and received extensive written submissions. Based on this input, ICSID published an updated working paper in March 2019 (Working Paper #2: Proposals for Amendment of the ICSID Rules) and convened a second meeting of Member States in April 2019. ICSID continues to fine-tune the proposals, and Member States are expected to meet for a third time in November 2019 to finalize the proposals.

AUGUST 2018 SEPTEMBER 2018 OCTOBER 2018

ICSID publishes the first set of proposed changes to the rules (Working Paper #1) ICSID Member States meet in Washington, D.C. to discuss the proposals ICSID launches a series of online and in-person consultations Rule Amendment Milestones in FY2019

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

82

WORKING PAPERS ON

PROPOSED AMENDMENT

TO THE ICSID RULES

16 4

STATE DELEGATES ATTENDED

THE FIRST IN-PERSON

CONSULTATION ON THE

AMENDMENTS

922

PAGES IN WORKING PAPER #1:

PROPOSALS FOR AMENDMENT

OF THE ICSID RULES

75+

CONSULTATION MEETINGS

WITH STATES AND THE PUBLIC

ON THE PROPOSALS

115

WRITTEN COMMENTS RECEIVED

FROM STATES, ORGANIZATIONS

AND INDIVIDUALS JANUARY 2019 MARCH 2019 APRIL 2019

ICSID begins revising the

CONSULTATION MEETINGS

WITH STATES AND THE PUBLIC

ON THE PROPOSALS

115

WRITTEN COMMENTS RECEIVED

FROM STATES, ORGANIZATIONS

AND INDIVIDUALS JANUARY 2019 MARCH 2019 APRIL 2019

ICSID begins revising the proposals based on the feedback received ICSID publishes a second iteration of the proposed amendments (Working Paper #2) ICSID Member States convene for a second in-person consultation

2019 ICSID ANNUAL REPORT

9EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

10ICSID was established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. By the end of FY2019, ICSID counted 163 signatories to the ICSID Convention, of which 154 are Contracting States. The United Mexican States is the newest Contracting State, having deposited its instrument of ratification on July 27, 2018. The Republic of Djibouti became the latest Signatory State on April 12, 2019, when its Minister of Economy and Finance, H.E. Ilyas Moussa Dawaleh, signed the Convention. The Convention must now be ratified before coming into force for Djibouti. A complete list of Contracting States and other Signatories to the Convention is on page 67 of this report. All Contracting States are equally represented on the ICSID Administrative Council. As ICSID’s governing body, the Administrative Council adopts the Centre’s annual budget, elects the SecretaryGeneral and Deputy Secretaries-General, and approves the annual report. Contracting States also have the right to propose and vote on amendments to the ICSID Convention and Rules, as well as to designate individuals to the ICSID Panels of Arbitrators and of Conciliators (see page 15 for further information on the Panels). A number of notifications and designations by

also have the right to propose and vote on amendments to the ICSID Convention and Rules, as well as to designate individuals to the ICSID Panels of Arbitrators and of Conciliators (see page 15 for further information on the Panels). A number of notifications and designations by Contracting States are possible under the ICSID Convention, which are recorded in a document called ICSID/8. This includes excluding certain territories of a State from the Convention’s scope (Article 70), extending the Convention’s jurisdiction to specific subdivisions or agencies of a State (Article 25(1)), including or excluding certain classes of disputes from ICSID jurisdiction (Article 25(4)), designating courts or other authorities for recognition and enforcement of ICSID awards, and enacting legislative or other measures that are necessary to make the ICSID Convention effective in a State’s territory (Article 69). As of FY2019, Member States had made 93 such notifications and designations. Membership

AS OF FY2019, ICSID HAD

15 4 MEMBER STATES H.E. Ilyas Moussa Dawaleh, Minister of Economy and Finance, Djibouti, signs the ICSID Convention. © World Bank

2019 ICSID ANNUAL REPORT

11This map was produced by the Cartography Unit of the World Bank Group. 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. Contracting States to the ICSID Convention Signatory States to the ICSID Convention ICSID Contracting and Signatory States as of June 30, 2019

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

122019 ICSID ANNUAL REPORT

13EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

14The ICSID Panel of Arbitrators and Panel of Conciliators are important components of the

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

122019 ICSID ANNUAL REPORT

13EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

14The ICSID Panel of Arbitrators and Panel of Conciliators are important components of the ICSID dispute resolution system. 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. The Panels also provide a diverse and qualified pool of arbitrators and conciliators for parties to consider when making appointments in ICSID cases. Each Member State may designate up to four persons to each of the Panel of Arbitrators and the Panel of Conciliators (Article 12 to 16 of the ICSID Convention). In addition, the Chairman of the ICSID Administrative Council may designate up to ten persons to each Panel. The designees may be nationals or non-nationals of the designating State and are nominated for a renewable six-year term. During FY2019, 12 ICSID Contracting States made 51 designations to the ICSID Panels: Egypt, Finland, France, Honduras, Mexico, New Zealand, Paraguay, Portugal, Qatar, Republic of Korea, Saint Lucia, and Sudan. By the end of FY2019, there were 680 individuals on the ICSID Panels of Arbitrators and of Conciliators. A complete list of ICSID Panel nominees is available on the ICSID website. The names of designees to the ICSID Panels made in FY2019 are provided on the next page. Panels of Arbitrators and of Conciliators Hearing in the case of Infinito Gold Ltd. v. Republic of Costa Rica, Washington, D.C. © ICSID 2019 ICSID ANNUAL REPORT 15EGYPT Panels of Arbitrators and of Conciliators

Panels of Arbitrators and of Conciliators Hearing in the case of Infinito Gold Ltd. v. Republic of Costa Rica, Washington, D.C. © ICSID 2019 ICSID ANNUAL REPORT 15EGYPT Panels of Arbitrators and of Conciliators Designation effective May 3, 2018: Mahmoud Fawzy Panel of Conciliators Designation effective October 15, 2018: Judge Moustafa Elbahabety

FINLAND

Panel of Arbitrators Designations effective January 31, 2019: Carita Wallgren, Mika Savola Panel of Arbitrators Redesignations effective January 31, 2019: Veijo Heiskanen, Gustaf Möller Panel of Conciliators Designations effective January 31, 2019: Laura Halonen, Kim T alus, Patrik Lindfors Panel of Conciliators Redesignation effective January 31, 2019: Antti Heikinheimo

FRANCE

Panel of Arbitrators Designations effective February 11, 2019: Edwige Belliard, Carole Malinvaud, Nicolas Molfessis Panel of Arbitrators Redesignation effective February 11, 2019: Geneviève Bastid-Burdeau Panel of Conciliators Designations effective February 11, 2019: Roger Grass, Catherine Kessedjian, Franck Latty, Anne-Marie Leroy HONDURAS Panels of Arbitrators and of Conciliators Designations effective February 28, 2019: Fernán Nufiez Moncada, Ramán Zúniga Ugarte Panels of Arbitrators and of Conciliators Redesignations effective February 28, 2019: Juan Arnaldo Hernández Espinoza, Juan C. Basombrío

KOREA, REPUBLIC OF

Panel of Arbitrators Redesignation effective March 23, 2019: Joongi Kim

MEXICO

Panel of Arbitrators Designations effective November 13, 2018:

Juan Arnaldo Hernández Espinoza, Juan C. Basombrío

KOREA, REPUBLIC OF

Panel of Arbitrators Redesignation effective March 23, 2019: Joongi Kim

MEXICO

Panel of Arbitrators Designations effective November 13, 2018: Gabriela Álvarez-Ávila, Claudia Frutos-Peterson, Luis Alberto González García, Bernardo Sepúlveda Amor Panel of Conciliators Designations effective November 13, 2018: Cecilia Azar Manzur, Sofía Gómez Ruano, Mariano Gomezperalta Casali, Carlos Véjar Borrego NEW ZEALAND Panel of Arbitrators and of Conciliators Designations effective May 14, 2019: Amokura Kawharu, Penelope Ridings Panel of Conciliators Designations effective May 14, 2019: Sir Peter Blanchard, Sir T erence Arnold

PARAGUAY

Panel of Arbitrators Redesignation effective November 20, 2018: Luis A. Breuer Pending acceptance

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

16PORTUGAL Panels of Arbitrators and of Conciliators Designation effective March 11, 2019: Tiago Duarte Panels of Arbitrators and of Conciliators Redesignations effective March 11, 2019: José Miguel Júdice, Dário Moura Vicente Panel of Conciliators Designation effective March 11, 2019: José Robin de Andrade Panel of Arbitrators Redesignation effective March 11, 2019: Fausto de Quadros QATAR Panel of Arbitrators Designations effective May 22, 2019: Sultan M. Al-Abdulla, Mohamed Abdulaziz Al-Khulaifi, Ahmad Al Mana, Abdulaziz Qassim Al Mulla Panel of Conciliators Designations effective May 22, 2019:

Designations effective May 22, 2019: Sultan M. Al-Abdulla, Mohamed Abdulaziz Al-Khulaifi, Ahmad Al Mana, Abdulaziz Qassim Al Mulla Panel of Conciliators Designations effective May 22, 2019: Reem Al-Ansari, Mohammed Al-Khater, Rashid Al Saad, Khalid Mubarak Al Kuwari SAINT LUCIA Panels of Arbitrators and of Conciliators Redesignation effective May 7, 2019:

D. Brian King

SUDAN Panel of Arbitrators Designation effective April 4, 2019: Awn Al-Khasawneh 51

DESIGNATIONS TO

ICSID PANELS

12

STATES MADE

DESIGNATIONS

680

PANEL DESIGNEES

2019 ICSID ANNUAL REPORT

17Hearing in the case of Joshua Dean Nelson v. United Mexican States, Washington, D.C. © ICSID

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

18ICSID is firmly established as the preeminent global institution for the resolution of investment disputes. The vast majority of all known international investment cases have been administered by ICSID, with strong demand for the Centre’s services continuing over the past year. New cases spanned all geographic regions and economic sectors, while ICSID also concluded the largest number of cases in a single year. The arbitrators, conciliators and ad hoc committee members appointed to these cases were drawn from increasingly varied backgrounds, representing a growing diversity of national origins, languages, and gender. ICSID Caseload Trends 52

NEW CASES

REGISTERED

306

CASES ADMINISTERED

59

PROCEEDINGS

CONCLUDED

2019 ICSID ANNUAL REPORT

19

EXPERT EXPERTICSID CASES ADMINISTERED BY THE SECRETARIAT (FY2003–FY2019)

0 50 100 150 200 250 300 350 63 85 103

59

PROCEEDINGS

CONCLUDED

2019 ICSID ANNUAL REPORT

19

EXPERT EXPERTICSID CASES ADMINISTERED BY THE SECRETARIAT (FY2003–FY2019)

0 50 100 150 200 250 300 350 63 85 103 130 145 1541 54 159 172195 209 243 118 247 258 279 306 0 10 20 30 40 50 ICSID Conv/e.altntion Arbitr/a.alttion C/a.alts/e.alts ICSID Conv/e.altntion Concili/a.alttion C/a.alts/e.alts ICSID Addition/a.altl F/a.altcilit/y.alt Arbitr/a.alttion C/a.alts/e.alts 47 1 4 A record 306 ICSID cases were administered in FY2019, compared with 279 the previous fiscal year. Overall, ICSID has administered 728 cases under the ICSID Convention and Additional Facility Rules since the first case was registered in 1972. A total of 52 new ICSID cases were registered in the fiscal year. The majority were arbitrations instituted under the ICSID Convention (47 cases), followed by arbitrations invoking the Additional Facility Rules (four cases). One conciliation under the ICSID Convention was also registered.

CASES ADMINISTERED AND REGISTERED IN FY2019

CASES REGISTERED UNDER THE ICSID CONVENTION AND ADDITIONAL FACILITY IN FY2019

ICSID ADMINISTERED CASES BY FISCAL YEAR

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

20BASIS OF CONSENT TO ESTABLISH JURISDICTION IN FY2019

In addition, ICSID has seen significant growth in the number of investment cases administered under non-ICSID sets of rules, in particular those of the United Nations Commission on International Trade Law (UNCITRAL). In total, ICSID provided a range of services for 17 cases governed by nonICSID rules in FY2019, compared with eight

the number of investment cases administered under non-ICSID sets of rules, in particular those of the United Nations Commission on International Trade Law (UNCITRAL). In total, ICSID provided a range of services for 17 cases governed by nonICSID rules in FY2019, compared with eight administered in the previous fiscal year. In the majority of these cases (13), ICSID provided full administrative services. In the other cases, ICSID served as appointing authority and/or assisted with hearings. BASIS OF CONSENT TO ICSID PROCEEDINGS Arbitration and conciliation under the ICSID Convention and Additional Facility Rules are voluntary, and parties provide consent to ICSID jurisdiction in a variety of investment laws, contracts, and bilateral or multilateral treaties that they have concluded. As in previous years, the majority of cases were instituted on the basis of bilateral or multilateral treaties. Thirty-five cases asserted ICSID jurisdiction on the basis of a bilateral investment treaty, and four were brought on the basis of the Energy Charter Treaty. In addition, cases were instituted under each of the following agreements: the Dominican Republic-Central America Free Trade Agreement; the North American Free Trade Agreement; the Central America-Panama Free Trade Agreement; the Canada-Colombia Free Trade Agreement; and the U.S.-Colombia Trade Promotion Agreement. For the first time, a case was brought on the basis of the Peru-Singapore Free Trade Agreement and another on the basis of the U.S.-Morocco Free Trade Agreement. A further eight cases were based on contracts between an investor and host-State, two of which also invoked a treaty as the basis of consent. 64% 2% 2%2% 2% 2% 7% 2% 15% 2% Bilateral Investment Treaty Dominican Republic-United States-Central America Free Trade Agreement Investment Contract between the Investor and the Host-State North American Free Trade Agreement

64% 2% 2%2% 2% 2% 7% 2% 15% 2% Bilateral Investment Treaty Dominican Republic-United States-Central America Free Trade Agreement Investment Contract between the Investor and the Host-State North American Free Trade Agreement Energy Charter Treaty Central America-Panama Free Trade Agreement Canada-Colombia Free Trade Agreement Peru-Singapore Free Trade Agreement US-Morocco Free Trade Agreement U.S.-Colombia Trade Promotion Agreement

2019 ICSID ANNUAL REPORT

21States from every geographic region of the world were involved in ICSID proceedings in FY2019. Twenty-five percent of newly registered cases involved States in Eastern Europe and Central Asia, followed by 21% in South America, 17% in the Middle East and North Africa, 11% in SubSaharan Africa, 10% in Western Europe, 8% in the Central America and Caribbean region, 6% in South and East Asia and the Pacific region, and 2% in North America.

STATE PARTIES TO ICSID PROCEEDINGS

25% 2% 10% 8% 21% 6% 17% Eastern Europe & Central Asia Middle East & North Africa South & East Asia & the Pacific South America Central America & the Caribbean Western Europe North America (Canada, Mexico & U.S.) 11% Sub-Saharan Africa

DISTRIBUTION OF CASES REGISTERED IN FY2019 BY REGION

EXCELLENCE IN INVESTMENT DISPUTE RESOLUTION

22DISTRIBUTION OF CASES REGISTERED IN FY2019 BY COUNTRY

Mexico Bolivia Venezuela Colombia 2 1 Peru 4 2 Costa Rica1 Panama 1 Spain 5 Lithuania 1 Morocco Algeria 3 North America (Canada, Mexico & U.S.) Western EuropeCentral America & the Caribbean Eastern Europe & Central Asia Middle East & North Africa Sub-Saharan Africa South & East Asia & the Pacific South America 1 2 Honduras1 Guatemala1 2Tanzania 1 Senegal

Algeria 3 North America (Canada, Mexico & U.S.) Western EuropeCentral America & the Caribbean Eastern Europe & Central Asia Middle East & North Africa Sub-Saharan Africa South & East Asia & the Pacific South America 1 2 Honduras1 Guatemala1 2Tanzania 1 Senegal Bangladesh Gabon 1 Cameroon1 Rwanda1 1 Kuwait 1 Qatar 1Cyprus 1Armenia 3 Turkmenistan 1 1Romania 1 1 Argentina Turkey 1 Kazakhstan 1 Bulgaria 1 North Macedonia Serbia 1 1 Nepal1 Sri Lanka1 Tajikistan 2 Egypt 1UAE

2019 ICSID ANNUAL REPORT

2321% 4% 21% 11.5% 6% 11.5% 15% Oil, Gas & Mining Construction Other Industry Transport