ICSID today released a special edition of its caseload statistics focused on the South and East Asia and Pacific (SEAP) region. The report forms part of a series of regional updates on case-related trends at ICSID, which complement the global statistical reports that ICSID publishes biannually.
The SEAP report places the spotlight on two categories of cases: those involving SEAP States as a party to an ICSID proceeding; and those involving investors from a SEAP State. It surveys all ICSID cases until June 30, 2019.
As of June 30, 2019, ICSID had registered a total of 728 cases, of which fifty-three (7%) involved a State party from the SEAP region. Indonesia and Pakistan have been involved in the largest number of cases (eight each), followed by Bangladesh (seven cases), and Sri Lanka and the Philippines (five cases each).
As with the ICSID caseload generally, the majority of these cases asserted ICSID jurisdiction on the basis of a bilateral investment treaty (64%). A significant share (29%) also relied on consent in an investment contract between an investor and host-State. The remaining cases invoked consent in investment laws of the host State (3%), and in the ASEAN Agreement for the Promotion and Protection of Investments and the Energy Charter Treaty (2% each).
Thirty-six percent of cases involved the oil, gas and mining sector, and investments in electric power and other energy sources accounted for 13% of cases. A wide-range of other sectors—including transport, finance, and agriculture—were also the subject of dispute.
Forty-three percent of cases involving a SEAP State were settled or otherwise discontinued, which is higher than the overall overage of 35%. Of the remaining cases that were decided by an arbitral tribunal, 44% of awards declined jurisdiction, 22% dismissed all claims, and 4% decided that the claims were manifestly without legal merit. The remaining 30% of awards upheld claims in part or in full.
The report also looks at the share of ICSID cases that involved an investor with SEAP nationality. It finds that nationals of a SEAP State were involved in 5% of all ICSID cases. These cases were also concentrated in oil gas and mining (35%) and electric power and other energy sources (27%).
With respect to arbitrators, conciliators and ad hoc committee members appointed in ICSID cases, 11% have been nationals of the SEAP region.
For more information on ICSID caseload statistics, visit: https://icsid.worldbank.org/en/Pages/resources/ICSID-Caseload-Statistics.aspx