ICSID administered a record 306 cases in FY2019, with 52 new cases registered over the last fiscal year. Notably, ICSID also concluded 59 proceedings—the largest number in a single year. Overall, ICSID has administered 728 cases under the ICSID Convention and Additional Facility Rules since its establishment in 1966.
As in past years, the majority of new cases were instituted under the ICSID Convention Arbitration Rules (47 cases), followed by the Additional Facility Rules (four cases) and the ICSID Convention Conciliation Rules (one case).
ICSID also continues to see growth in the number of cases administered under other sets of rules, such as those of the United Nations Commission on International Trade Law (UNCITRAL). In total, ICSID provided services for 17 cases governed by non-ICSID rules in FY2019, the majority of which (12 cases) applied the UNCITRAL Arbitration Rules. In most of these cases, the ICSID Secretariat provided full administrative services and hearing facilities to the arbitrators and parties—as it does with cases under ICSID Rules.
The largest share of cases registered in FY2019 involved States from Eastern Europe and Central Asia (25%), followed by South America (21%); the Middle East and North Africa (17%); Sub-Saharan Africa (11%); Western Europe (10%); Central America and the Caribbean (8%); South and East Asia, and the Pacific (6%); and North America (2%).
The majority of new cases involved the oil, gas and mining sector (21%) and electric power and other energy sources (also 21%). These were followed by disputes related to construction (15%); finance (11.5%); information and communication (6%); transportation (6%); agriculture, fishing and forestry (4%); and water, sanitation and flood protection (4%). A mix of other industries accounted for the remaining 11.5% of cases registered in FY2019.
States consent to ICSID jurisdiction was found in a variety of treaties, contracts and domestic laws. In FY2019, bilateral investment treaties were the primary instrument invoked (64%), followed by investment contracts between the investor and the host-State (15%), and the Energy Charter Treaty (7%). Other treaties accounted for the remaining 14%.
Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in FY2019 under the ICSID Convention and Additional Facility Rules
ICSID continues to see balanced outcomes amongst States and investors. Twelve of the thirty-five cases that were concluded in FY2019 were settled or otherwise discontinued. Of the remaining 23 cases, the tribunal partly or fully upheld claims in 48% of cases, dismissed all claims in 35% of cases, and declined jurisdiction in 17% of cases.
Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in FY2019 – Outcomes
Parties to ICSID cases are turning to an increasingly diverse set of arbitrators, conciliators and ad hoc committee members. In FY2019, 171 appointments were made from all geographic regions, 24% of which were women.
ICSID publishes comprehensive caseload statistics twice a year in English, French and Spanish. The latest issue of the ICSID Caseload—Statistics benefits a new design, aimed at improving the readability of the data. For the first time, the report also includes statistics on gender diversity of ICSID arbitrators, conciliators and ad hoc committee members, as well as new details on the number of cases administered by the ICSID Secretariat under UNCITRAL and other non-ICSID rules.