CIADI - CIADI - Annual report 2022

2022 ANNUAL REPORTICSID 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 2022 ANNUAL REPORTSeptember 7, 2022 Mr. David R. Malpass Chair, Administrative Council International Centre for Settlement of Investment Disputes Dear Mr. 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, 2021 to June 30, 2022. The Report includes the audited financial statements of the Centre, presented pursuant to Administrative and Financial Regulation 19. Yours sincerely, Meg Kinnear Secretary-General Letter of Transmittal 1 About ICSID 2 Letter of Transmittal 5 Message from the Secretary-General 7 Message from the Chair 8 Y ear in Review 10 ICSID Secretariat 14 Membership 18 Panels of Arbitrators and of Conciliators 22 Caseload Trends 36 Spotlight on the 2022 ICSID Rules and Regulations 38 Outreach and Training 46 Fifty-Fifth Annual Meeting 48 Finance 65 List of Member States Contents 3 2022 ANNUAL REPORTICSID2EXPERTISE ICSID has administered more than 800 cases in its 56-year history, including over 70% of all known international investment cases. The Centre’s legal counsel have exceptional experience

48 Finance 65 List of Member States Contents 3 2022 ANNUAL REPORTICSID2EXPERTISE ICSID has administered more than 800 cases in its 56-year history, including 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 Bank Group’s offices in more than 120 countries. ICSID has also entered into facilities cooperation agreements with 29 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 major modernization of its rules—putting them at the forefront of dispute settlement procedures. In addition to the ICSID rules, 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 spread awareness of investorState dispute settlement, build knowledge and capacity in the field, and advance the goals of diversity and gender balance in the legal profession. As one of the five organizations of the World Bank Group, ICSID collaborates with its sister organizations—IBRD, IDA, IFC, and MIGA—to achieve the joint mission of ending extreme poverty and promoting shared prosperity in a sustainable way. The Global Leader In International Investment Dispute Settlement

Group, ICSID collaborates with its sister organizations—IBRD, IDA, IFC, and MIGA—to achieve the joint mission of ending extreme poverty and promoting shared prosperity in a sustainable way. The Global Leader In International Investment Dispute Settlement The past year demonstrates how ICSID, and investor-State dispute settlement, are continuously adapting to meet the needs of stakeholders. The ability to evolve with the times is evidenced in particular by the adoption of the amended ICSID rules. Approved by a vote of the ICSID membership on March 21, 2022, the rules came into force on July 1, 2022. In updating the ICSID rules, we benefitted from a deep well of expertise and experience amongst our membership, the practicing bar, adjudicators, the business community, and civil society. The result is a significant advance in procedures under these rules. The ICSID arbitration and conciliation rules have been streamlined and modernized, while entirely new rules for mediation and fact-finding provide parties with innovative tools for resolving disputes. A similarly inclusive and deliberative process is underway with the Code of Conduct for Adjudicators in International Investment Disputes. ICSID is coordinating this project jointly with the Secretariat of the United Nations Commission on International Trade Law (UNCITRAL). In September 2021 we released version three of the Code of Conduct, and feedback received on that draft will feed into the next iteration of the Code and a commentary on the Code. Message from the Secretary-General Meg Kinnear, ICSID Secretary-General “ The past year demonstrates how ICSID, and investor-State dispute settlement, are continuously adapting to meet the needs of stakeholders. “ 5 ICSID 2022 ANNUAL REPORT4While the impact of the COVID-19 pandemic continues to adversely affect people world-wide, the ability to manage the challenges at ICSID—and

investor-State dispute settlement, are continuously adapting to meet the needs of stakeholders. “ 5 ICSID 2022 ANNUAL REPORT4While the impact of the COVID-19 pandemic continues to adversely affect people world-wide, the ability to manage the challenges at ICSID—and emerge stronger as a result—has been undeniable. More than two years after making a sharp pivot to remote hearings and electronic filing in all ICSID cases, arbitrators, counsel, and the Secretariat have clearly demonstrated that even the largest, most complex hearings can be effectively conducted remotely. This has not only allowed ICSID cases to proceed without interruption. It has also led to greater efficiencies in time and costs and has reduced carbon-footprints in ways that I am confident will be long lasting. The past year has seen a return to in-person hearings with the reopening of our hearing centre in Washington, D.C. and at the World Bank offices in Paris, France. In addition, hybrid hearings have been on the rise, as we connect smaller groups of participants in different locations. And the use of remote hearings shows little sign of dimming. Ultimately, parties and tribunals are considering the modalities that work best for their hearings, and ICSID can accommodate the individual needs of each case. Another way that ICSID enhances its hearingrelated services is through our Agreements on General Arrangements with dispute resolution centres around the world. These agreements are based on Article 63 of the ICSID Convention and provide the option of holding ICSID hearings at the facilities of partner institutions. They are a complement to the dedicated hearing centres that ICSID has in Washington, D.C. and Paris, as well as the global network of World Bank Group country offices. Over the past fiscal year, new agreements were signed with the Abu Dhabi Global Market, the Centre for Effective Dispute Resolution in the United Kingdom, the Japan International Dispute Resolution Center, and the Mauritius International Arbitration Centre.

the global network of World Bank Group country offices. Over the past fiscal year, new agreements were signed with the Abu Dhabi Global Market, the Centre for Effective Dispute Resolution in the United Kingdom, the Japan International Dispute Resolution Center, and the Mauritius International Arbitration Centre. All of these accomplishments have taken place against the backdrop of an incredibly busy year in ICSID cases. ICSID registered 50 new cases in the fiscal year, while 77 were concluded. A total of 346 ICSID cases were administered in FY2022. ICSID hosted 204 hearings and sessions in the 2022 fiscal year, which is amongst the largest number in our history. We provide an in-depth look at case-related trends over the fiscal year starting on page 22 of this report. Finally, I am honoured to acknowledge that two States have joined ICSID during the past fiscal year. The Republic of Ecuador deposited its Instrument of Ratification of the ICSID Convention on August 4th, 2021, and the Kyrgyz Republic deposited its Instrument of Ratification on April 21, 2022. Ecuador and the Kyrgyz Republic are ICSID’s 156th and 157th Member States, respectively. I am extremely proud and grateful to lead such a dynamic and forward-looking institution. I wish to thank ICSID’s Member States, the Chair of the Administrative Council, our clients, and our partners for their support over the past year. Finally, I wish to thank my colleagues at the ICSID Secretariat whose hard work, expertise, and innovative spirit are reflected throughout the pages of this report. With best wishes,

Meg Kinnear Secretary-General, ICSID Message from the Chair Countries are facing immense financing needs as they respond to multiple overlapping crises, including the COVID-19 pandemic, rising inflation, the war in Ukraine, large macroeconomic imbalances, energy, food and fertilizer shortages, and climate change. More robust private sector investment is an essential

from the Chair Countries are facing immense financing needs as they respond to multiple overlapping crises, including the COVID-19 pandemic, rising inflation, the war in Ukraine, large macroeconomic imbalances, energy, food and fertilizer shortages, and climate change. More robust private sector investment is an essential component of recovery and sustainable growth in this global context. This includes unlocking the full potential of foreign investment, and with it the cross-border exchange of capital, technology, and know-how. Ensuring that investment-related grievances are settled efficiently and effectively—the mandate of ICSID—is crucial to enabling private sector investment for sustainable development. Demand for ICSID’s dispute resolution services has been strong throughout the COVID-19 pandemic. Meeting that demand, while safeguarding the health of staff and clients, has meant harnessing new technologies and adopting innovative approaches to case management. The high number of hearings that ICSID has held over the past three years in virtual formats speaks to its effectiveness. This year marked a special landmark for ICSID with the introduction of its amended rules for arbitration, mediation, conciliation, and fact-finding. The 2022 ICSID Rules and Regulations provide States and investors with leading-edge tools to address disputes quickly and definitively. New expedited procedures reduce case times in half, while enhanced transparency and disclosures strengthen accountability and legal consistency in ICSID caselaw. The peaceful resolution of legal disputes under treaties, contracts and domestic investment laws has underpinned the remarkable growth of foreign direct investment in recent decades. ICSID’s accomplishments over the past year reinforce that foundation at a time when it is needed more than ever. David Malpass President, World Bank Group Chair, ICSID Administrative Council David Malpass, President, World Bank Group. © World Bank 7 2022 ANNUAL REPORTICSID6A LOOK BACK AT HIGHLIGHTS FROM THE 2022 FISCAL YEAR Year in Review The Republic of Ecuador

ever. David Malpass President, World Bank Group Chair, ICSID Administrative Council David Malpass, President, World Bank Group. © World Bank 7 2022 ANNUAL REPORTICSID6A LOOK BACK AT HIGHLIGHTS FROM THE 2022 FISCAL YEAR Year in Review The Republic of Ecuador deposited its Instrument of Ratification of the ICSID Convention with the World Bank on August 4th to become ICSID’s 156th Member State

AUGUST 2021

SEPTEMBER 2021

The Secretariats of ICSID and UNCITRAL released an update to the draft Code of Conduct for Adjudicators in International Investment Disputes following extensive discussion and feedback on the original draft Code, published in May 2020, and version two, published in April 2021.

JANUARY 2022

Marking a major milestone in the five-year long process of modernizing ICSID’s flagship rules for resolving international investment disputes, the amended rules were submitted to the ICSID Administrative Council for a vote of approval.

FEBRUARY 2022

ICSID publishes its caseload statistics for the 2021 calendar year, revealing a record 66 new arbitration cases in 2021 under the ICSID Convention, eclipsing last year’s record of 58 new cases.

MARCH 2022

ICSID Member States formally approve the amended ICSID rules. Having been adopted, the updated rules came into force on July 1, 2022.

APRIL 2022

The Kyrgyz Republic deposited its Instrument of Ratification of the ICSID Convention with the World Bank on April 21, 2022. The Convention entered into force for the Kyrgyz Republic on May 21, 2022, in accordance with the Convention’s Article 68(2). 9

of Ratification of the ICSID Convention with the World Bank on April 21, 2022. The Convention entered into force for the Kyrgyz Republic on May 21, 2022, in accordance with the Convention’s Article 68(2). 9 ICSID 2022 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. Most staff provide professional legal, 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. A hearings team manages the planning and logistics of ICSID sessions and hearings—whether held in person or remotely. 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 serves an important role in maintaining and publishing data on ICSID cases, and fostering awareness of international investment dispute settlement more broadly through events and courses. 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. The ICSID Secretariat is amongst the most diverse organizations in the World Bank Group. Seventy-five

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

ICSID STAFF

MEMBERS

70 SPEAK

LANGUAGES

FLUENTLY

25

OF THE SECRETARIAT ARE

WOMEN, ACROSS ALL

LEVELS AND ROLES

75%

REPRESENT

24 NATIONALITIES Since 1986, ICSID has published the world’s leading journal on international investment law, the ICSID Review— Foreign Investment Law Journal. “ “ Members of the ICSID Secretariat. © World Bank 11

2022 ANNUAL REPORTICSID10SECRETARY-GENERAL

Meg Kinnear

DEPUTY SECRETARY-GENERAL

Gonzalo Flores Martina Polasek

LEGAL STAFF

TEAM LEADER/LEGAL COUNSEL

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

LEGAL COUNSEL

Francisco Abriani Laura Bergamini Jonathan Chevry Ana Conover Govert Coppens Mercedes Cordido-Freytes de Kurowski Patricia Cruz Trabanino Aïssatou Diop Geraldine Fischer Anneliese Fleckenstein Benjamin Garel Anna Holloway Alex B. Kaplan Catherine Kettlewell Verónica Lavista Ayong Lim Alicia Martín Blanco Sara Marzal Elisa Méndez Bräutigam Marco Tulio Montañés-Rumayor Leah W. Njoroge Marisa Planells-Valero

Verónica Lavista Ayong Lim Alicia Martín Blanco Sara Marzal Elisa Méndez Bräutigam Marco Tulio Montañés-Rumayor Leah W. Njoroge Marisa Planells-Valero Patricia Rodríguez Martín Ella Rosenberg Celeste Salinas Quero Luisa Fernanda T orres 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 Vanina L. Bauza Ana Cecilia Chamorro Andrea Clavijo Colleen Ferguson Ivania Fernández Ayling Kocchiu Shay Lakhter Pedro Magariño Ekaterina Minina Phoebe Ngan Maria-Rosa B. Rinne Federico Salon Kajganich Marisela Vázquez Marrero Anastasia T simberlidis

LEGAL ASSISTANT

Alix Ahimon Dante Herrera Guzmán Lanny Isimibi Jennifer Ann Meléndez 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 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

Michelle Lemus

EXTERNAL AFFAIRS OFFICER

Damon Vis-Dunbar

INFORMATION TECHNOLOGY ANALYST

Walter Meza-Cuadra Cynthia Nyaoro

HEARINGS AND EVENTS ORGANIZER

Lamiss Al-T ashi

HEARINGS AND EVENTS ASSISTANT

Michelle Lemus

EXTERNAL AFFAIRS OFFICER

Damon Vis-Dunbar

INFORMATION TECHNOLOGY ANALYST

Ranjini Balasubramaniam Patricia V. Romero

SECRETARIAT STAFF AS OF JUNE 30, 2022

13 ICSID 2022 ANNUAL REPORT12By the end of FY2022, ICSID numbered 164 signatories to the ICSID Convention, of which 157 were 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 Kyrgyz Republic is the newest Contracting State, having deposited its Instrument of Ratification of the ICSID Convention with the World Bank on April 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 the Kyrgyz Republic’s deposit of its Instrument of Ratification of the ICSID Convention. © World Bank 15

2022 ANNUAL REPORTICSID14ICSID

Contracting and Signatory States

to support the resolution of international investment disputes. “ “ Ceremony to mark the Kyrgyz Republic’s deposit of its Instrument of Ratification of the ICSID Convention. © World Bank 15

2022 ANNUAL REPORTICSID14ICSID

Contracting and Signatory States

AS OF JUNE 30, 2022

This 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 17 ICSID 2022 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 (Articles 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 FY2022, 19 ICSID Contracting States made 86 designations to the ICSID Panels: Belgium,

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 FY2022, 19 ICSID Contracting States made 86 designations to the ICSID Panels: Belgium, Cabo Verde, Cambodia, Cameroon, Canada, Czech Republic, Ecuador, Gambia, Japan, Kyrgyz Republic, Netherlands, New Zealand, Niger, Panama, Romania, San Marino, Saudi Arabia, Sierra Leone, and Slovenia. By the end of FY2022, there were 708 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 FY2022 follow.

BELGIUM

Panel of Arbitrators Redesignation effective April 5, 2022: Bernard Hanotiau Panel of Arbitrators Designations effective April 5, 2022: Guy Block, Yannick Radi Panel of Conciliators Redesignations effective April 5, 2022: Nicolas Angelet, Herman Verbist, Freya Baetens

CABO VERDE

Panel of Arbitrators Designation effective May 17, 2022: Hélio Sanches CAMBODIA Panels of Arbitrators and Conciliators Redesignation and designation effective March 30, 2022: Hamid G. Gharavi

CAMEROON

Panel of Arbitrators Redesignations effective May 16, 2022: Gaston Kenfack Douajni, Mougnal Sidi Panel of Arbitrators Designations effective May 16, 2022: Sylvie Ivonne Bebohi Ebongo, Roger Synphorien Bafakan Behalal First Session in the case of Huawei Technologies Co., Ltd. v. Kingdom of Sweden (ICSID Case No. ARB/22/2). © ICSID 19

Designations effective May 16, 2022: Sylvie Ivonne Bebohi Ebongo, Roger Synphorien Bafakan Behalal First Session in the case of Huawei Technologies Co., Ltd. v. Kingdom of Sweden (ICSID Case No. ARB/22/2). © ICSID 19 ICSID 2022 ANNUAL REPORT18Panel of Conciliators Redesignations effective May 16, 2022: Brigitte Ada Nnengue, Fadimatou Hayatou Panel of Conciliators Designations effective May 16, 2022: Jean Bosco Essoh, Benoit Placide Mevoua

CANADA

Panel of Arbitrators Designations effective September 2, 2021: Tina Cicchetti, Pierre Bienvenu Panel of Conciliators Designations effective September 2, 2021: Paulina Gueller, Louise Otis, François Rolland Panel of Arbitrators Designations effective March 9, 2022: Andrea Kay Bjorklund, Beverley McLachlin

CZECH REPUBLIC

Panel of Arbitrators Redesignation effective August 16, 2021: Alexandr Mareš Panel of Arbitrators Designations effective August 16, 2021: Rostislav Pekar, Robert Pelikán

ECUADOR

Panel of Arbitrators Designations effective September 7, 2021: Álvaro Hernán Galindo Cardona, Hernán Pérez Loose, Melanie Riofrío Piché Panel of Conciliators Designations effective September 7, 2021: Edgar Neira Orellana, Esteban Santos López, Geovanni Sacasari Aucapiña, Ximena Bustamante

GAMBIA

Panel of Arbitrators Designations effective August 25, 2021: Hassan Jallow, Edi M.O. Faal, Aminatta L.R. N’gum, Ida

D. Drammeh

Sacasari Aucapiña, Ximena Bustamante

GAMBIA

Panel of Arbitrators Designations effective August 25, 2021: Hassan Jallow, Edi M.O. Faal, Aminatta L.R. N’gum, Ida

D. Drammeh

Panel of Conciliators Designations effective August 25, 2021: Raymond Claudius Sock, Alieu Badara Demba, Basiru Vassili Potier Mahoney, Amina Sabo Ceesay JAPAN Panel of Arbitrators Redesignation effective August 5, 2021: Hiroshi Oda Panel of Arbitrators Designation effective January 28, 2022: Yuka Fukunaga Panel of Arbitrators Designations effective August 5, 2021: Yoshimi Ohara, Hironobu Sakai Panel of Conciliators Redesignations effective August 5, 2021: T akatoshi Kato, Yoshihisa Nomi Panel of Conciliators Designations effective August 5, 2021: Isomi Suzuki, Ichiro Araki

KYRGYZ REPUBLIC

Panel of Arbitrators Designations effective June 20, 2022: Roland Ziadé, Sergey Alekhin, Nurbek Sabirov, Aiaz Baetov

NETHERLANDS

Panel of Arbitrators Redesignation effective July 9, 2021: Albert Jan van den Berg Panel of Conciliators Redesignation effective July 9, 2021: Mauritius Wijffels Panels of Arbitrators and Conciliators Redesignations effective July 9, 2021: Arthur S. Hartkamp, Jacomijn J. van Haersolte-van Hof, Melanie van Leeuwen

NEW ZEALAND

Panel of Arbitrators Redesignation effective September 29, 2021: Campbell McLachlan Panel of Arbitrators

Arthur S. Hartkamp, Jacomijn J. van Haersolte-van Hof, Melanie van Leeuwen

NEW ZEALAND

Panel of Arbitrators Redesignation effective September 29, 2021: Campbell McLachlan Panel of Arbitrators Designation effective September 29, 2021: Campbell Walker NIGER Panel of Arbitrators Designations effective December 15, 2021: Harou Issoufou, Abdoulaye Hamma, Boukar Kollo, Ayouba Hassane Panel of Conciliators Designations effective December 15, 2021: Zakari Seibou Daouda, Abdoulaye Idé, Abdou Idi, Rabiou Adamou PANAMA Panels of Arbitrators and Conciliators Designations effective March 18, 2022: Margie-Lys Jaime Ramírez, Miguel Ángel Clare González-Revilla, Katherine González Arrocha, Carlos Alberto Arrue Montenegro ROMANIA Panels of Arbitrators and Conciliators Designation effective May 30, 2022: Dragos-Alexandru Sitaru Panels of Arbitrators and Conciliators Designation effective June 29, 2022: Cosmin Vasile SAN MARINO Panels of Arbitrators and Conciliators Designation effective February 24, 2022: Chiara Giorgetti SAUDI ARABIA Panels of Arbitrators and Conciliators Designations effective March 15, 2022: Abdullah Saad Al-Saad, Majed Handi Alsolami, Majed Marzoq Alotaibi, Ziad Bin Abdulrahman Al-Sudairy SIERRA LEONE Panels of Arbitrators and Conciliators Designations effective October 12, 2021: Samuel U.B. Saffa, Musa Mewa, Christian Vidal-Léon

SLOVENIA

SIERRA LEONE Panels of Arbitrators and Conciliators Designations effective October 12, 2021: Samuel U.B. Saffa, Musa Mewa, Christian Vidal-Léon

SLOVENIA

Panel of Arbitrators Redesignation effective November 24, 2021: Miran Jus Panel of Arbitrators Designation effective November 24, 2021: Verica Trstenjak Pending acceptance 21

ICSID 2022 ANNUAL REPORT20ICSID

Caseload Trends ICSID is the premiere global institution for the resolution of investment disputes, having administered the vast majority of all known international investment cases. The 2022 fiscal year saw strong demand for ICSID’s services—with 50 new cases registered and a record 346 cases administered by ICSID. Additional highlights in FY2022 include: § A record number of concluded proceedings, as ICSID continues to work with tribunals and parties to reduce the time of cases § The second highest number of hearings held in a single fiscal year, over 90% of which were held remotely § The third highest number of procedural orders and decisions issued in a single fiscal year, and § A notable forty-two nationalities represented amongst the appointments made to ICSID cases 346 Cases Administered 50 New cases registered 77 Proceedings concluded Hearing in the case of Nationale-Nederlanden Holdinvest B.V. and others v. Argentine Republic (ICSID Case No. ARB/19/11). © ICSID 23

ICSID 2022 ANNUAL REPORT22NON-ICSID CASES ADMINISTERED BY THE SECRETARIAT (INVESTOR-STATE UNCITRAL

ARBITRATIONS AND OTHER CASES)

ICSID CASES ADMINISTERED BY THE SECRETARIAT

0 50 100 150 200 250 300 350 400 346 195 209 243 247 258 279 306 303 332 18 6 12 10 9 14 14 17 21 19 A total of 346 ICSID cases were administered in FY2022, compared to 332 cases in the previous fiscal year. This is the largest number of cases ever administered at ICSID in a single fiscal year. Overall, ICSID has administered 888 cases under the ICSID Convention and Additional Facility Rules since the first case was registered in 1972. A total of 50 new ICSID cases were registered in FY2022. The majority were arbitrations instituted under the ICSID Convention (48 cases), followed by arbitrations invoking the Additional Facility Rules (two cases).

CASES ADMINISTERED AND REGISTERED IN FY2022

ICSID ADMINISTERED CASES BY FISCAL YEAR

ICSID Conv/e.altntion Arbitr/a.alttion C/a.alts/e.alts ICSID Addition/a.altl F/a.altcilit/y.alt Arbitr/a.alttion C/a.alts/e.alts 0 10 20 30 40 50 60 70 80 48 2 In addition, the Centre administered 18 cases governed by non-ICSID rules in FY2022—the majority (13 cases) applying the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). ICSID provided full administrative services in all these cases.

BASIS OF CONSENT TO ICSID

PROCEEDINGS Arbitration