The latest edition of ICSID’s biannual caseload statistics report examines case-related trends over the 2022 fiscal year, as well as for all ICSID cases going back to 1972.
ICSID registered 50 new cases in FY2022 (July 1, 2021 – June 30, 2022) under its procedural rules for resolving international investment disputes. Arbitrations under the ICSID Convention accounted for the largest share of new cases (48 cases), followed by arbitrations applying the ICSID Additional Facility Rules (two cases).
As of June 30, 2022, ICSID had registered a total of 888 cases under the ICSID Convention and Additional Facility Rules since the first case was registered in 1972.
An additional 18 cases were administered under other procedural rules. The majority of these cases (13) applied the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL).
Basis of Consent
The majority of newly registered cases in FY2022 (56%) asserted ICSID jurisdiction on the basis of a bilateral investment treaty—which is in line with the historical average of 60%. Notably, ICSID saw an uptick in cases based on contracts between an investor and host-State over recent years (13%), followed closely by cases brought on the basis of the Energy Charter Treaty (11%).
In addition, a wide variety of bilateral and regional trade and investment agreements were invoked, including:
- The North American Free Trade Agreement and the United States-Mexico-Canada Agreement (4% each)
- The United States-Peru Trade Promotion Agreement and the United States-Panama Trade Promotion Agreement (3% each)
- The Colombia and El Salvador, Guatemala and Honduras Free Trade Agreement; Dominican Republic-Central America Free Trade Agreement; Central America-Panama Free Trade Agreement; and the ASEAN-China Investment Agreement each accounted for 2% of the cases registered in FY2022.
A further 4% of cases were brought on the basis of domestic investment laws.
As in previous years, countries from all regions of the world were represented amongst new cases. The largest share in FY2022 involved States in South America (22%) and Eastern Europe and Central Asia (20%). States in the Middle East and North Africa, Central America and the Caribbean, and Sub-Saharan Africa each accounted for 12% of new cases, the South and East Asia/Pacific and Western Europe regions each accounted for 8%, and North America for 6%.
The economic sectors involved in ICSID proceedings are also diverse. Historically, the extractives and energy sectors have accounted for the largest share of cases, and this trend continued in FY2022. Twenty-four percent of new cases involved electric power and other energy sources, and 22% related to the oil, gas and mining industry.
Also prominent was the construction sector, which accounted for 12% of disputes, followed by information and communications at 10%, and water, sanitation and flood protection at 8%. The finance and transport sectors were involved in 6% of cases each, and tourism in 4%. A mix of other industries accounted for the remaining 8% of cases registered in FY2022.
The outcome of cases at ICSID has been consistently balanced between States and investors—and FY2022 was no different. Among cases decided by tribunals, 48% of awards upheld the investors’ claims in part or in full, 28% of awards rejected all of the investors’ claims on the merits, and 21% of awards declined jurisdiction. Three percent of cases were dismissed for manifest lack of legal merit.
Women accounted for 24% of all appointments to ICSID cases in FY2022, compared to 31% in FY2021 and 14% in FY2020.
Amongst the appointments made by ICSID—as opposed to appointments by the parties or co-arbitrators—45% were women and 55% were men.
For further information, see the ICSID Caseload – Statistics (Issue 2022 – 2).
About The ICSID Caseload - Statistics
The ICSID Caseload - Statistics contains a profile of the ICSID caseload since the first case was registered in 1972. ICSID has hosted the majority of all known international investment cases and The ICSID Caseload - Statistics is a valuable empirical reference about trends in international investment dispute settlement generally. It profiles various aspects of international investment cases, including the number of cases, the basis of consent invoked by claimants, geographic and economic sector distribution of cases, outcomes of proceedings, and the nationality of arbitrators and conciliators. The ICSID Caseload - Statistics is available in English, French and Spanish, and updated every 6 months.