As with many other organizations, ICSID began a period of home-based work in mid-March 2020 in response to the COVID-19 pandemic. The nine months that followed have seen a significant shift in ICSID’s operations as a result—one of the more prominent being the need to hold sessions and hearings remotely.
As part of its year in review, ICSID has compiled statistics on hearings in 2020 and 2019, allowing for a direct comparison between a ‘normal’ year and one that was highly unusual. This forms part of a larger analysis that ICSID will conduct in 2021 on the impact of remote technology on the Centre’s operations. The goal is to ensure that ICSID leverages information technology in ways that best serve clients—i.e. that maximize efficiencies and cost-savings while safeguarding due process. As a part of that process, ICSID welcomes counsel and arbitrators to share feedback with the Secretariat on their experience with remote hearings over the past year and their views on how to continue to incorporate technology in the arbitral process.
Total number of hearings (in person and remote)
From March 15 until December 15, 2019, 156 sessions or hearings were held in cases administered by the Centre under the ICSID Convention and the Additional Facility Rules. Forty-one percent were hearings, 29% were first sessions, 27% were pre-hearing organizational meetings, and the remaining 3% involved procedural meetings.
From March 15 until December 15, 2020, nearly 150 sessions or hearings were held in cases administered by the Centre under the ICSID Convention and the Additional Facility Rules. Forty percent were hearings, 32% were first sessions, 22% were pre-hearing organizational meetings, and the remaining 6% involved procedural meetings.
Remote hearings and sessions
From March 15 until December 15, 2019, 95 sessions or hearings were held by telephone or videoconference. This was equivalent to 61% of all hearings and sessions held within that period in cases administered by the Centre under the ICSID Convention and the Additional Facility Rules. Nearly all remote hearings or sessions (99%) were held by telephone and 1% by video.
From March 15 until December 15, 2020, all hearings and sessions were held by telephone or videoconference in cases administered by the Centre under the ICSID Convention and the Additional Facility Rules. The vast majority (78%) of the remote hearings or sessions were held by video. The remaining 22% were held by phone.
Distribution of Venues
From March 15 until December 15, 2019, 19% of sessions or hearings in cases administered by the Centre under the ICSID Convention and the Additional Facility Rules took place in Paris, 13% in Washington DC, 6% in London and 1% in Singapore. The remaining 61% of hearings or sessions were held by telephone or videoconference. In contrast, all hearings and sessions held between March 15 and December 15, 2020 were held by telephone or videoconference.