CIADI - Annual report 2023

ANNUAL

REPORT 2023 lnternational Centre for Settlement of lnvestment Disputes WORLDBANKGROUP ICSIDIICSID 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

1

2023 ANNUAL REPORT ♦ ♦♦♦♦ ♦♦♦♦♦♦♦ ♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦

♦♦ ♦ ♦ ♦♦ ♦ ♦ ♦ ♦ ♦♦ ♦♦ ♦♦ ♦ ♦ ♦ ♦♦♦ ♦♦ ♦♦ ♦♦ ♦♦♦ ♦♦September 7, 2023 Mr. Ajay Banga Chair, Administrative Council International Centre for Settlement of Investment Disputes Dear Mr. Banga, 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, 2022 to June 30, 2023. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 21. Yours sincerely, Meg Kinnear Secretary-General

LETTER OF TRANSMITTAL

1 About ICSID 2 Le tter of Transmittal 4 The Global Leader in International Investment Dispute Settlement 5 Message from the Secretary-General 7 Message from the Chair 8 Year in Review 10 ICSID Secre tariat 14 M embership 18 Panels o f Arbitrators and of Conciliator s 22 Caseload Tr ends 40 Outreach and Training 48 Fifty-Sixth Annual Meeting 50 Finance 66 List o f Member States

CONTENTS

3 ICSID 2023 ANNUAL REPORT2EXPERTISE ICSID has administered more than 900 cases in its 58-year history, representing over 70% of all known international investment cases. The Centre’s legal counsel have exceptional experience in international investment law and procedure, while ICSID’s finance, information technology, and hearings teams ensure that all administrative aspects of a case run smoothly.

FACILITIES

ICSID has hearing centres in Washington, D.C., and Paris, France, as well as access to the World

investment law and procedure, while ICSID’s finance, information technology, and hearings teams ensure that all administrative aspects of a case run smoothly.

FACILITIES

ICSID has hearing centres in Washington, D.C., and Paris, France, as well as access to the World Bank’s offices in more than 120 countries. ICSID has also entered into facilities cooperation agreements with 33 dispute settlement centres around the globe, allowing ICSID hearings to be held at their facilities. Dedicated professionals manage all aspects of a hearing whether it is held in person, virtually, or in hybrid format. RULES Encompassing rules for arbitration, mediation, conciliation, and fact-finding, ICSID provides the first and longest-standing rules of procedure that are specifically designed for international investment disputes. In 2022, ICSID completed a comprehensive modernization of its rules—putting them at the forefront of dispute settlement procedures. The Centre also administers cases under other sets of procedural rules, such as those of the United Nations Commission on International Trade Law (UNCITRAL). PARTNERSHIPS ICSID works with individuals and organizations around the world to build knowledge and capacity in investor-State dispute settlement. As one of the five organizations of the World Bank, ICSID collaborates with its sister organizations—IBRD, IDA, IFC, and MIGA—to achieve the joint mission of creating a world free of poverty on a livable planet.

THE GLOBAL LEADER IN

INTERNATIONAL INVESTMENT DISPUTE SETTLEMENT ICSID started the 2023 fiscal year on a high note with the introduction of our amended rules. Developed over the previous five-and-a-half years and endorsed by over 85% of ICSID’s Member States—the new ICSID rules and regulations reinforce ICSID’s role as the world’s leading institution devoted to international investment dispute settlement. A priority over the past year has been ensuring that

and endorsed by over 85% of ICSID’s Member States—the new ICSID rules and regulations reinforce ICSID’s role as the world’s leading institution devoted to international investment dispute settlement. A priority over the past year has been ensuring that parties and tribunals are well equipped to put these rules into practice. This has entailed numerous briefings to country officials, party representatives, and arbitrators, as well as comprehensive guidance notes published on the ICSID website. While ICSID has modernized its existing procedures for arbitration and conciliation, it has also introduced entirely new rules for mediation. Specifically designed for international investment disputes, the mediation rules are a useful addition to the ICSID dispute-resolution toolbox. We are pleased to have had our first request for mediation over the past fiscal year and look forward to expanding this service in the coming years. Meanwhile, we have worked jointly with the UNCITRAL Secretariat to draft a Code of Conduct for Arbitrators in International Investment Disputes. In April 2023, we completed work on the Code and presented the draft to the UNCITRAL Commission for adoption at its 56th annual session in July

2023. The Code of Conduct is expected to apply to arbitration proceedings—including those administered by ICSID—by consent of the parties or as required in an instrument of consent.

It has also been an honor to welcome the Republic of Angola as ICSID’s newest Member State. Angola deposited its Instrument of Ratification of the ICSID Convention on September 21, 2022, becoming the 158th Contracting State to the ICSID Convention. These milestones take place against the backdrop of a substantial caseload. Forty-five cases were

MESSAGE FROM THE

SECRETARY-GENERAL

Meg Kinnear, ICSID Secretary-General. © World Bank 5 ICSID 2023 ANNUAL REPORT4MESSAGE FROM THE CHAIR The world is facing intertwined crises—declining

These milestones take place against the backdrop of a substantial caseload. Forty-five cases were

MESSAGE FROM THE

SECRETARY-GENERAL

Meg Kinnear, ICSID Secretary-General. © World Bank 5 ICSID 2023 ANNUAL REPORT4MESSAGE FROM THE CHAIR The world is facing intertwined crises—declining progress in the fight against poverty, an existential climate crisis, a fledgling pandemic recovery, and deepening fragility and conflict. We are at a critical moment in the arc of humanity and the planet. The World Bank is being asked to lead the way, to double down on development and climate efforts, and to deliver even more impact and results. We look to make a difference wherever possible. T o me, that difference is to create a world free from poverty on a livable planet. The scale of this challenge requires the private sector to play a significant role alongside the World Bank and other development institutions. The World Bank should have a central role by using its resources, convening power, and knowledge to catalyze private capital more effectively. ICSID is an important part of these efforts. It promotes foreign investment by providing an impartial and effective mechanism for resolving disputes between foreign investors and the host States in which they invest. Thousands of investment treaties, free trade agreements, and contracts rely on ICSID’s dispute settlement procedures. With its updated procedures for arbitration and conciliation, cases will proceed more efficiently and transparently. Its new rules for mediation offer parties a flexible mechanism to address investment-related grievances quickly. The sustained demand for arbitration in FY2023 and the first request for mediation under the new rules demonstrate the continued value that international investors and States place in ICSID. We are dedicated to fostering investment environments that are fair, transparent, and conducive to growth. ICSID’s role as a trusted forum for resolving investment disputes is a vital part of achieving that goal.

Ajay Banga President, World Bank Chair, ICSID Administrative Council

We are dedicated to fostering investment environments that are fair, transparent, and conducive to growth. ICSID’s role as a trusted forum for resolving investment disputes is a vital part of achieving that goal.

Ajay Banga President, World Bank Chair, ICSID Administrative Council administered in FY2023 under the ICSID rules, as well as an additional twenty-two under the UNCITRAL and other non-ICSID rules. Our team at the ICSID Secretariat has expanded over the past year to ensure that we continue to provide first-inclass support to parties and tribunals as demand for our services increases. As clients know, our services include dedicated hearing facilities in Washington, D.C. and Paris, France. It has been a pleasure to welcome so many clients and partners back to our offices this year for in-person hearings and events. At the same time, it is notable how often parties elect virtual or hybrid hearings, for which ICSID also offers extensive services and technology. Remote hearings offer considerable time and cost savings— particularly for shorter and smaller hearings—and I am pleased to see their sustained popularity. A strong outreach, capacity building, and publications program continues at ICSID. A pillar in that program is the ICSID Review – Foreign Investment Law Journal. The journal’s ability to evolve—while maintaining world-class quality scholarship—has underpinned its enduring relevance and recognition. In August 2022, ICSID published a double issue of the ICSID Review on the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA). Marking ARSIWA’s 20th anniversary, the issue provides a thorough and insightful take on the influence of ARSIWA on the interpretation of investment obligations from leading scholars and practitioners. In addition to its reputation for top-tier academic scholarship, the ICSID Review also offers insights into the practical dimensions of international

the issue provides a thorough and insightful take on the influence of ARSIWA on the interpretation of investment obligations from leading scholars and practitioners. In addition to its reputation for top-tier academic scholarship, the ICSID Review also offers insights into the practical dimensions of international dispute resolution. T o that end, ICSID introduced a new section to the ICSID Review in 2023—called ‘Practice Notes’ . As the name implies, the section offers concise guidance on tools and techniques that practitioners can immediately apply to their own practice. ICSID further expanded its network of partnerships in FY2023 with cooperation agreements penned with the Stockholm Chamber of Commerce Arbitration Institute, the Quito Chamber of Commerce (Centro de Arbitraje y Mediación de la Cámara de Comercio de Quito), and the Lima Chamber of Commerce (Cámara de Comercio de Lima). These agreements offer practical advantages to parties—through, for example, shared access to hearing facilities—as well as benefits to the wider international arbitration community through joint events and other outreach activities. Finally, I am honored to have begun work with the new President of the World Bank and Chair of the ICSID Administrative Council, Ajay Banga. President Banga brings an extraordinary wealth of knowledge in international development, finance, trade, investment, and climate change, from which ICSID will benefit immensely. I am thankful to David Malpass for his work as Chair of the Administrative Council, and grateful for his support to ICSID during the rule amendment process. The accomplishments highlighted above—and detailed in more depth on the pages ahead—reflect the strong support of our membership and clients, and the dedication of our staff at the Secretariat. I thank you all for your continued support.

Meg Kinnear Secretary-General, ICSID Ajay Banga, President, World Bank, Chair, ICSID Administrative Council. © World Bank 7

ICSID 2023 ANNUAL REPORT6ANGOLA

thank you all for your continued support.

Meg Kinnear Secretary-General, ICSID Ajay Banga, President, World Bank, Chair, ICSID Administrative Council. © World Bank 7 ICSID 2023 ANNUAL REPORT6ANGOLA ICSID and the Stockholm Chamber of Commerce Arbitration Institute sign an agreement to strengthen their partnership to promote the use of arbitration, conciliation, mediation, and other dispute resolution tools to resolve international investment and commercial disputes.

JANUARY 2023

A LOOK BACK AT HIGHLIGHTS FROM THE 2023 FISCAL YEAR YEAR IN REVIEW The amended ICSID Regulations and Rules come into effect, following five-and-a-half years of development with ICSID’s membership and the public. Ajay Banga begins a five-year term as President of the World Bank. Pursuant to Article 5 of the ICSID Convention, the World Bank President is ex officio the Chair of the ICSID Administrative Council. The Republic of Angola deposits its Instrument of Ratification of the ICSID Convention with the World Bank, becoming the 158th Contracting State to the ICSID Convention. ICSID and UNCITRAL complete work on a Code of Conduct for Arbitrators in International Investment Disputes. ICSID and Jus Mundi sign an MOU to integrate ICSID publications into the Jus Mundi online database. ICSID resources will benefit from Jus Mundi’s AI-powered search technology, including links to ICSID awards, expert commentary, and other online resources.

JUL Y 2022 JUNE 2023

SEPTEMBER 2022

APRIL 2023

MAY 2023 9 ICSID 2023 ANNUAL REPORT8ICSID SECRETARIAT The ICSID Secretariat carries out the day-to-day operations of the Centre. Its composition and principle functions are set out in the ICSID

SEPTEMBER 2022

APRIL 2023

MAY 2023 9 ICSID 2023 ANNUAL REPORT8ICSID SECRETARIAT The ICSID Secretariat carries out the day-to-day operations of the Centre. Its composition and principle 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 ICSID Secretariat is highly diverse. Seventy-five percent of the Secretariat are women, across all levels and roles. ICSID’s 76 staff members represent 30 nationalities and are fluent in more than 25 languages. Most staff provide professional legal, administrative, and financial services for 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. A hearings team manages the planning and logistics of ICSID sessions and hearings—whether held in person, remotely, or in a hybrid format. Finally, the front office deals with matters relating to participation of ICSID Member States, maintains the ICSID Panels of Conciliators and of Arbitrators, and manages ICSID’s external communications. In addition to these functions, the Secretariat plays an important role in maintaining and publishing data on ICSID cases and fostering awareness of international investment dispute settlement more broadly through events, courses, and technical assistance. ICSID hosts an information-rich website, including online 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.

ICSID STAFF MEMBERS

including online 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.

ICSID STAFF MEMBERS

76 SPEAK

LANGUAGES

FLUENTL Y

25

OF THE SECRETARIAT ARE

WOMEN, ACROSS ALL LEVELS

AND ROLES

75%

REPRESENT

30 NATIONALITIES The Secretariat plays an important role in maintaining and publishing data on ICSID cases and fostering awareness of international investment dispute settlement more broadly. 11

ICSID 2023 ANNUAL REPORT10SECRETARIAT STAFF AS OF JUNE 30, 2023

SECRETARY-GENERAL

Meg Kinnear

DEPUTY SECRETARY-GENERAL

Gonzalo Flores Martina Polasek

LEGAL STAFF

TEAM LEADER/SENIOR LEGAL COUNSEL

Aurélia Antonietti Paul-Jean Le Cannu Jara Mínguez Almeida Frauke Nitschke Natalí Sequeira

SENIOR LEGAL COUNSEL

Laura Bergamini Aïssatou Diop Geraldine Fischer Anneliese Fleckenstein Benjamin Garel Anna Holloway Alex B. Kaplan Catherine Kettlewell Alicia Martín Blanco Luisa Fernanda T orres

LEGAL COUNSEL

Francisco Abriani Izabela Monika Chabinska Jonathan Chevry Ana Conover Govert Coppens Mercedes Cordido-Freytes de Kurowski Patricia Cruz Trabanino Gabriela González Giráldez Verónica Lavista Ayong Lim Sara Marzal Elisa Méndez Bräutigam Marco Tulio Montañés-Rumayor Leah W. Njoroge Oladimeji Ojo Yuichiro Omori

Verónica Lavista Ayong Lim Sara Marzal Elisa Méndez Bräutigam Marco Tulio Montañés-Rumayor Leah W. Njoroge Oladimeji Ojo Yuichiro Omori Marisa Planells-Valero Patricia Rodríguez Martín Ella Rosenberg Celeste Salinas Quero Anna T oubiana

LEGAL COUNSEL— INSTITUTIONAL

MATTERS

Daniela Argüello Celeste Mowatt

LEGAL ANALYST - INSTITUTIONAL

MATTERS

Carlos Molina

PARALEGAL , ADMINISTRATIVE AND

CLIENT SUPPORT STAFF

PARALEGAL

Jaidat Ali Djae Paulina Alvarado Medina Vanina L. Bauza Ana Cecilia Chamorro Andrea Clavijo-Herrera Colleen Ferguson Ivania Fernández Ayling Kocchiu Shay Lakhter Pedro Magariño Manero Ekaterina Minina Phoebe Ngan Pierre Nosewicz Maria-Rosa B. Rinne Federico Salon Kajganich Anastasia T simberlidis Anton Tugushev Marisela Vázquez Marrero

LEGAL ASSISTANT

Alix Ahimon Dante Herrera Guzmán Sebastian Shepherd

SR. EXECUTIVE ASSISTANT TO

SECRETARY-GENERAL

Cindy Ayento

PROGRAM ASSISTANT

Sherri Akanni Anita Chen

FINANCIAL AND GENERAL

ADMINISTRATION STAFF

TEAM LEADER/SR. PROGRAM MANAGER

Javier Castro

FINANCIAL OFFICER

Azeb Debebe Mengistu

FINANCIAL ANALYST

Dioma Seck Gueye Walter Meza-Cuadra

HEARINGS AND EVENTS ORGANIZER

Lamiss Al-T ashi

HEARINGS AND EVENTS ASSISTANT

Rachel Evangelista Michelle Lemus

EXTERNAL AFFAIRS OFFICER

Damon Vis-Dunbar

INFORMATION TECHNOLOGY ANALYST

Dioma Seck Gueye Walter Meza-Cuadra

HEARINGS AND EVENTS ORGANIZER

Lamiss Al-T ashi

HEARINGS AND EVENTS ASSISTANT

Rachel Evangelista Michelle Lemus

EXTERNAL AFFAIRS OFFICER

Damon Vis-Dunbar

INFORMATION TECHNOLOGY ANALYST

Ranjini Balasubramaniam Patricia V. Romero Members of the ICSID Secretariat. © World Bank 13 ICSID 2023 ANNUAL REPORT12By the end of FY2023, there were 165 signatories to the ICSID Convention, of which 158 are Contracting States to the Convention. Membership has been expanding since ICSID’s establishment in 1966, reflecting its global relevance as the only institution with a primary mandate to support the resolution of international investment disputes. The Republic of Angola is the newest Contracting State, having deposited its Instrument of Ratification of the ICSID Convention with the World Bank on September 21, 2022. 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 18 for further information on the Panels). MEMBERSHIP Membership has been expanding since ICSID’s establishment in 1966, reflecting its global relevance as the only institution with a primary mandate to support the resolution of international investment disputes. Ceremony to mark Angola’s signing of the ICSID Convention. © World Bank 15

ICSID 2023 ANNUAL REPORT14ICSID CONTRACTING AND

SIGNATORY STATES

AS OF JUNE 30, 2023

primary mandate to support the resolution of international investment disputes. Ceremony to mark Angola’s signing of the ICSID Convention. © World Bank 15

ICSID 2023 ANNUAL REPORT14ICSID CONTRACTING AND

SIGNATORY STATES

AS OF JUNE 30, 2023

This map was produced by the Cartography 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, 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 17 ICSID 2023 ANNUAL REPORT16PANELS OF ARBITRATORS AND OF CONCILIATORS The ICSID Panel of Arbitrators and Panel of Conciliators are important components of the ICSID dispute resolution system. When the Chair 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 Chair 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. ICSID has been encouraging Member States to make designations of open positions on the list, with great success. During FY2023, 15 ICSID Contracting States made 63 designations to the

ICSID Panels: Angola, Canada, Ecuador, Iceland,

ICSID has been encouraging Member States to make designations of open positions on the list, with great success. During FY2023, 15 ICSID Contracting States made 63 designations to the

ICSID Panels: Angola, Canada, Ecuador, Iceland,

Italy, Kenya, Moldova, Montenegro, Nigeria, North Macedonia, San Marino, Slovak Republic, Uganda, United Arab Emirates, and Uruguay. By the end of FY2023, there were 723 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 FY2023 follow. ANGOLA Panel of Arbitrators Designations effective January 27, 2023 Carlos Maria da Silva Feijó, Lino Diamvutu, Sofia Maia do Vale, Itweva Nogueira

CANADA

Panel of Conciliators Designation effective September 27, 2022: Sophie Nappert

ECUADOR

Panel of Arbitrators Designation effective November 7, 2022: Edgar Neira Orellana ICELAND Panels of Arbitrators and of Conciliators Redesignations effective November 10, 2022: Thordis Ingadottir, Finnur Magnússon, Panels of Arbitrators and of Conciliators Designations effective November 10, 2022: Anna Jóhannsdóttir, Róbert R. Spanó ITALY Panel of Arbitrators Redesignation effective January 18, 2023: Luca G. Radicati di Brozolo Panel of Arbitrators Designations effective January 18, 2023:

C. Ferdinando Emanuele, Maria Chiara Malaguti,

Attila Massimiliano T anzi 19 ICSID 2023 ANNUAL REPORT18Panel of Conciliators Redesignation effective January 18, 2023:

Designations effective January 18, 2023:

C. Ferdinando Emanuele, Maria Chiara Malaguti,

Attila Massimiliano T anzi 19 ICSID 2023 ANNUAL REPORT18Panel of Conciliators Redesignation effective January 18, 2023: Anna De Luca Panel of Conciliators Designations effective January 18, 2023: Andrea Bandini, Cecilia Carrara, Giacomo Rojas Elgueta KENYA Panel of Arbitrators Designations effective September 19, 2022: Githu Muigai, John Ohaga, Kamau Karori, Arthur Konye Igeria Panel of Conciliators Designations effective September 19, 2022: Wanjiru Karanja, Grace Nzioka, Eunice Lumallas, Cavin M. Nyachoti MOLDOVA Panels of Arbitrators and of Conciliators Redesignation effective December 30, 2022: Mihail Buruiană Panels of Arbitrators and of Conciliators Designation effective December 30, 2022: Lilia Gribincea Panel of Arbitrators Redesignation effective December 30, 2022: Mark A. Meyer Panel of Arbitrators Designation effective December 30, 2022: Matías Mori Arellano Panel of Conciliators Redesignation effective December 30, 2022: Victor Burac Panel of Conciliators Designation effective December 30, 2022: Octavian Cazac

MONTENEGRO

Panel of Arbitrators Designations effective July 29, 2022: Maja Kostić Mandić, Jorge E. Viñuales, Ema Vidak Gojković, Aleksandar Durišić

NIGERIA

Panel of Arbitrators Designation effective January 27, 2023: Adedoyin O. Rhodes-Vivour Panel of Arbitrators

Gojković, Aleksandar Durišić

NIGERIA

Panel of Arbitrators Designation effective January 27, 2023: Adedoyin O. Rhodes-Vivour Panel of Arbitrators Designation effective March 30, 2023: Yakubu Chonoko Maikyau Panel of Conciliators Designation effective March 30, 2023: T aiwo Akinola Abidogun NORTH MACEDONIA Panels of Arbitrators and of Conciliators Designations effective June 9, 2023: Fatmir Bytqi, Nikola Lazarov, T oni Deskoski Panel of Arbitrators Designation effective June 9, 2023: Damien Nyer Panel of Conciliators Designation effective June 9, 2023: Stojne Danilova Ivanoski SAN MARINO Panels of Arbitrators and of Conciliators Designations effective April 4, 2023: Michele Potestà, Giovanni Zarra SLOVAK REPUBLIC Panel of Arbitrators Redesignation effective January 31, 2023 David A. Pawlak Panel of Conciliators Redesignations effective January 31, 2023 Stephen P. Anway, Constantinos Salonidis

UGANDA

Panel of Arbitrators Designation effective March 1, 2023: Chrispas Nyombi

UNITED ARAB EMIRATES

Panel of Arbitrators Redesignations effective April 7, 2023: Hassan Arab, Abdulla Mohammed Al-Yousuf Panel of Arbitrators Designation effective April 7, 2023: Hamad Ibrahim Alustath Panel of Conciliators Redesignations effective April 7, 2023: Abdul Wahid Al Ulama, Abdullah Ibrahim Al Muhairi, Ahmed M. Al Mutawa Panel of Conciliators Designation effective April 7, 2023: Shamlan Al Sawalehi

Panel of Conciliators Redesignations effective April 7, 2023: Abdul Wahid Al Ulama, Abdullah Ibrahim Al Muhairi, Ahmed M. Al Mutawa Panel of Conciliators Designation effective April 7, 2023: Shamlan Al Sawalehi

URUGUAY

Panel of Arbitrators Designations effective February 8, 2023: Carlos Brandes, Analía González Rivero Panel of Conciliators Designations effective February 8, 2023: Carlos Mata Prata, Álvaro Hansen Amestoy Panel of Conciliators Redesignations effective February 8, 2023: Ricardo Olivera García, María Carolina Asuaga T aran Pending acceptance 21 ICSID 2023 ANNUAL REPORT20ICSID CASELOAD TRENDS ICSID is the premier institution for the resolution of international investment disputes, having administered over 70% of all known international investment cases. Strong demand for ICSID’s services continued in the 2023 fiscal year (FY2023)—with 45 new cases registered and a total of 329 cases administered during the year. Additional highlights in FY2023 include: 329 68 CASES

ADMINISTERED

PROCEEDINGS CONCLUDED • Thirty-three cases were administered under the new 2022 ICSID Convention and Additional Facility Rules • ICSID administered a record number of cases under UNCITRAL and other non-ICSID procedural rules • A notable 43 nationalities were represented amongst the appointments made to ICSID cases • ICSID appointed 45% of all female appointees in FY2023 • ICSID held the second highest number of hearings in a single fiscal year • Sixty-eight proceedings were concluded in FY2023 45

NEW CASES

REGISTERED

23 ICSID 2023 ANNUAL REPORT22ICSID administered 329 cases in FY2023, the third largest number of cases administered in a single

hearings in a single fiscal year • Sixty-eight proceedings were concluded in FY2023 45

NEW CASES

REGISTERED

23 ICSID 2023 ANNUAL REPORT22ICSID administered 329 cases in FY2023, the third largest number of cases administered in a single fiscal year. This amounts to 35% of ICSID’s overall caseload. ICSID has administered 933 cases under the ICSID Convention and Additional Facility Rules since the first case was registered in 1972. Notably, the new 2022 ICSID Convention and Additional Facility Rules and the new 2022 Mediation Rules entered into force in FY2023. ICSID administered 33 cases under the 2022 ICSID Rules (29 cases under the ICSID Convention and four under the Additional Facility Rules). A total of 45 new ICSID cases were registered in FY2023. The majority were arbitrations instituted under the ICSID Convention (40 cases), followed by arbitrations invoking the Additional Facility Rules (five cases).

CASES ADMINISTERED AND REGISTERED IN FY2023

ICSID ADMINISTERED CASES BY FISCAL YEAR CASES REGISTERED UNDER THE ICSID CONVENTION AND ADDITIONAL

FACILITY IN FY2023

In addition, ICSID administered a record number of cases governed by non-ICSID rules in FY2023 (22 cases). The majority (16 cases) applied the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). ICSID provided full administrative services in most of these cases; acted as appointing authority in two cases; and provided hearing organization services in one. In addition, ICSID received three requests for appointments.

NON-ICSID CASES ADMINISTERED BY THE SECRETARIAT (INVESTOR-STATE UNCITRAL

ARBITRATIONS AND OTHER CASES)

ICSID CASES ADMINISTERED BY THE SECRETARIAT

0 50 100 150 200 250 300 350 400 346 209 243 247 258 279 306 303 332 18 329 22 12 10 9 14 14 17 21 19

ICSID CONVENTION

ARBITRAT