THE ICSID CASELOAD

THE ICSID CASELOAD –

STATISTICS (ISSUE 2012-1)

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© 2012 by International Centre for Settlement of Investment Disputes.

Content may be reproduced for educational use with acknowledgement. Page | 2

The ICSID Caseload – Statistics

(Issue 2012-1)

This issue of the ICSID Caseload – Statistics updates the profile of the ICSID caseload, historically and for the calendar year 2011. It is based on cases registered or administered by ICSID as of December 31, 2011.

As in the previous issues, this document illustrates: the number of cases registered under the ICSID Convention and Additional Facility Rules; the number of other cases administered by the ICSID Secretariat; the basis of consent to ICSID jurisdiction invoked in registered arbitration and conciliation cases; the geographic distribution of ICSID cases by the State party to the dispute; the economic sectors involved in ICSID disputes; the outcomes in ICSID arbitration and conciliation proceedings (including further information on disputes decided by arbitral tribunals); the nationality and geographic origins of arbitrators, conciliators and ad hoc committee members appointed in ICSID proceedings; and outcomes to date in annulment proceedings under the ICSID Convention.

The Secretariat will continue to publish the ICSID Caseload – Statistics on a bi-annual basis, and welcomes any comments or suggestions by email at [email protected].

mailto:[email protected]�



TABLE OF CONTENTS1

PART I -

ALL CASES REGISTERED AND ADMINISTERED BY ICSID

1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2011 6

2. Cases Registered by ICSID 7 Chart 1: Total Number of ICSID Cases Registered by Calendar Year 7 Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules Calendar Year 8 Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules 8

3. Non-ICSID Cases Administered by the ICSID Secretariat 9 Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years2 9

4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases 10 Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules 10

5. Geographic Distribution of All ICSID Cases by State Party Involved 11 Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by State Party Involved 11

6. Distribution of All ICSID Cases by Economic Sector 12 Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by Economic Sector 12

7. ICSID Arbitration and Conciliation Proceedings – Outcomes 13 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13 Chart 9: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Outcomes 13 Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes 14 Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports 14

8. Annulment Proceedings under the ICSID Convention – Outcomes 15 Chart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade 15

9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 16 Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – Distribution of Appointments by Geographic Region 16 Chart 14: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 17 Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases Registered under the ICSID Convention and Additional Facility Rules 18

1 The data is based on ICSID statistics as of December 31, 2011. 2 The ICSID Fiscal Year covers the period July 1 to June 30.



PART II - CASES REGISTERED AND ADMINISTERED BY ICSID IN 2011

1. New Cases Registered by ICSID in 2011 20 Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2011 20

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2011 20 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2011 20

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 21 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules 21

4. Geographic Distribution of New ICSID Cases Registered in 2011, by State Party Involved 22 Chart 4: Geographic Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by State Party Involved 22

5. Distribution of New ICSID Cases Registered in 2011, by Economic Sector 23 Chart 5: Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by Economic Sector 23

6. ICSID Arbitration Proceedings Concluded in 2011 – Outcomes 24 Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2011 – Outcomes 24 Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2011 – Outcomes 24

7. Arbitrators and ad hoc Committee Members Appointed in ICSID Cases in 2011 25 Chart 8: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region 25 Chart 9: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 26 Chart 10: Nationality of Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules 27



PART I

ALL CASES REGISTERED AND ADMINISTERED BY ICSID



1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 2011



2. Cases Registered by ICSID

Chart 1: Total Number of ICSID Cases Registered by Calendar Year:

As of December 31, 2011, ICSID had registered 369 cases under the ICSID Convention and Additional Facility Rules.

1

4

12

12 2

34

1

4

12

13 3 3

1011

1012

14

19

31

27 27

23

37

21

2526

38

0

5

10

15

20

25

30

35

40

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

Cases Registered under the ICSID Convention and Additional Facility Rules



Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year:

Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules:

14

1 2 1 2 1 24

14

1 2 1 2 3 38 8 8 9

1418

30

2124

21

32

2023 25

33

1 11

1

1

1 1

2 3 2 3

1

6

2

2

4

1

21

4

0

5

10

15

20

25

30

35

40

1972

1973

1974

1975

1976

1977

1978

1979

1980

1981

1982

1983

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases

ICSID Convention Arbitration Cases

329(89%)

ICSID Convention Conciliation Cases

7(2%)

ICSID Additional Facility Arbitration Cases

33(9%)



3. Non-ICSID Cases Administered by the ICSID Secretariat

Chart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years:

The ICSID Secretariat offers various levels of administrative and organizational support for non-ICSID dispute settlement in State-State or investor-State proceedings. Among the State-State cases administered in the past decade are the Southern Bluefin Tuna case (Australia and New Zealand v. Japan), an expert determination proceeding under the Indus Waters Treaty of 1960, and an arbitration under the Softwood Lumber Agreement of 2006 (United States v. Canada).

The Centre also frequently provides administrative assistance to investor-State arbitrations under the UNCITRAL Rules or other ad hoc dispute settlement provisions. The Centre’s services in these proceedings range from support with the organization of hearings to administrative services comparable to those provided in ICSID cases. The Secretariat also acts as appointing authority, and decides proposals for disqualification of arbitrators, upon request. In addition to administering UNCITRAL arbitrations, ICSID has also assisted with the organization of hearings in arbitration proceedings conducted under the auspices of the ICC, LCIA, PCA, and other institutions.

3 3 3

10 11 10

7 64

6

3

11

13

1

0

2

4

6

8

10

12

14

FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 July 1 -Dec. 31,

2011UNCITRAL Cases Other Cases



4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules:

ASEAN Agreement for the Promotion and Protection

of Investments1%

Bilateral Investment Treaty (BIT)

63%

Dominican Republic-United States-Central America Free Trade

Agreement (DR-CAFTA)1%

Investment Contract between the Investor and

the Host-State20%

Investment Law of the Host-State

6%

North American Free Trade Agreement

(NAFTA)4%

Agreement between the United States of America

and the Sultanate of Oman on the

Establishment of a Free Trade Area

(Oman-U.S. FTA)1%

Energy Charter Treaty (ECT)

4%



5. Geographic Distribution of All ICSID Cases by State Party Involved Chart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by State Party Involved*:

* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

South America30%

Central America & the Carribean

7%

North America (Canada, Mexico & U.S.)

5%

Eastern Europe & Central Asia

23%

Western Europe1%

Sub-Saharan Africa16%

Middle East & North Africa

10%South & East Asia &

the Pacific8%



6. Distribution of All ICSID Cases by Economic Sector

Chart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by Economic Sector*:

* This sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.

Finance7%

Information & Communication

6%

Agriculture, Fishing & Forestry

5% Oil, Gas & Mining25%

Electric Power & Other Energy

13%

Water, Sanitation & Flood Protection

6%

Construction7%

Tourism5%

Other Industry11%

Transportation11%

Services & Trade

4%



7. ICSID Arbitration and Conciliation Proceedings – Outcomes

Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:

Chart 9: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Outcomes:

* Pursuant to ICSID Arbitration Rule 41(5) and Article 45(6) of the Arbitration (Additional Facility) Rules, as adopted by the ICSID Administrative Council in 2006, a party may at an early stage of the proceeding file an objection that a claim is manifestly without merit. If the Tribunal decides that the claims are manifestly without legal merit, it shall render an award to that effect.

Dispute decided by Tribunal

61%

Dispute settled or proceeding otherwise

discontinued39%

Award deciding that the claims are

manifestly without legal merit

1%*

Award declining jurisdiction

23%

Award dismissing all claims30%

Award upholding claims in part or in full

46%



Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes:

Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports:

Conciliation Commission Report

issued67%

Proceeding Discontinued

33%

Report recording failure of the parties to

reach agreement75%

Report recording agreement of the

parties25%



8. Annulment Proceedings under the ICSID Convention – Outcomes

Chart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:

49

18

96

14

0 1 1

13

30 3 08

00 0 15 5

0

20

40

60

80

100

120

1971-1980 1981-1990 1991-2000 2001-2010 2011 -

Number of Convention awards rendered Number of decisions rejecting the application for annulment

Number of decisions annulling the award in part or in full Number of annulment proceedings discontinued



9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases

Chart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:

* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2011.


23%

South America10%

Central America & the Caribbean

2%


5%


South & East Asia & the Pacific

9% Eastern Europe & Central Asia

2%

Western Europe47%



Chart 14: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:

* The geographical classification is based on the World Bank’s regions as set forth at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted until December 31, 2011.

43 3810

24 13

46

10

168

235

88

1440

15

66

10

408

0

50

100

150

200

250

300

350

400

450

North America (Canada, Mexico &

U.S.)

South America Central America & the Caribbean


Sub-Saharan Africa South & East Asia & the Pacific


Western Europe

Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)



Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules:

144133

11193

7957

4140

3934

3331

3028

2524

1915

1411

99

888888

777777

666

55

4444444

333333333

22222222222

11111111111111

0 20 40 60 80 100 120 140 160

U.S.FrenchBritish

CanadianSwiss

SpanishMexican

AustralianGerman

ItalianChilean

EgyptianBelgian

DutchArgentine

New ZealandColombian

SwedishCosta Rican

BrazilianDanish

PhilippineBangladeshi

British/FrenchGreek

Lebanese/FrenchUruguayan

VenezuelanAustrian

BulgarianEcuadorianSenegalese

SlovakThai

IndianPeruvian

SingaporeanGuyaneseMoroccan

AlgerianCypriotFinnishIranian

MalaysianPakistani

Swiss/BrazilianChinese

Colombian/FrenchHonduran

Iranian/FrenchIsraeli

JamaicanLebaneseNigerianTogolese

BarbadianBeninese

Czech (one czechoslovak)GaboneseGhanaianJordanianMalagasyMalawian

PortugueseSerbian

Swiss/IrishBrazilian/French

CameroonianCentral African

CroatianDominica

French/MauritianGuatemalanLuxembourg

NorwegianSlovenia

SomaliSouth African

Sri LankanSudanese

Number of Appointments

Nat

iona

lity

of A

ppoi

ntee



PART II

CASES REGISTERED AND ADMINISTERED BY ICSID IN 2011



1. New Cases Registered by ICSID in 2011

Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2011:

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2011

Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2011:

33

14

0

5

10

15

20

25

30

35

ICSID Convention Arbitration Cases

ICSID Convention Conciliation Cases

ICSID Additional Facility Arbitration Cases

4

1

0

1

2

3

4

5

UNCITRAL Cases Other Cases



3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011

Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules:

Bilateral Investment Treaty (BIT)

76%

Investment Contract between the Investor and

the Host-State10%

Investment Law of the Host-State

10%

Energy Charter Treaty (ECT)

2%

Agreement between the United States of America

and the Sultanate of Oman on the

Establishment of a Free Trade Area

(Oman-U.S. FTA)2%



4. Geographic Distribution of New ICSID Cases Registered in 2011, by State Party Involved

Chart 4: Geographic Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by State Party Involved*:

* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries.

South America34%


29%



13%


13%



5. Distribution of New ICSID Cases Registered in 2011, by Economic Sector

Chart 5: Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by Economic Sector*:

* The sector classification is based on the World Bank’s sector codes, available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.

Finance3%

Information & Communication

3%

Agriculture, Fishing & Forestry

5%

Oil, Gas & Mining26%

Electric Power & Other Energy

3%

Water, Sanitation & Flood Protection

3%

Construction5%

Tourism5%

Other Industry21%

Transportation16%

Services & Trade10%



6. ICSID Arbitration Proceedings Concluded in 2011 – Outcomes

Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2011 – Outcomes:

Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2011 – Outcomes:

Dispute decided by Tribunal

60%

Dispute settled or proceeding otherwise

discontinued40%

Award declining jurisdiction

25%

Award dismissing all claims25%

Award upholding claims in part or in full

50%



7. Arbitrators and ad hoc Committee Members Appointed in ICSID Cases in 2011

Chart 8: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:

* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2011.


19%

South America21%

Central America & the Caribbean

2% Middle East & North Africa

3%



15%


2%

Western Europe35%



Chart 9: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules– Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:

* The classification of the geographic regions above is based on the World Bank’s regional system, available at http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/0,,pagePK:180619~theSitePK:136917,00.html, and also includes World Bank donor countries. The chart reflects appointments made to Tribunals and ad hoc Committees constituted in 2011.

5

10

12 2

5

2

13

2018

12 2

15

1

34

0

5

10

15

20

25

30

35

40


South America Central America & the Caribbean


Sub-Saharan Africa South & East Asia & the Pacific


Western Europe

Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)



Chart 10: Nationality of Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules:

11101010

88

77

65

444

333

2222222

1111111111111111

0 2 4 6 8 10 12

U.S.British

CanadianFrench

ArgentineChilean

ColombianSpanish

AustralianBelgian

MexicanNew Zealand

SwissChinese

Colombian/FrenchGermanAustrian

BangladeshiBritish/French

BulgarianCosta Rican

ItalianPhilippine

BrazilianBrazilian/French

CameroonianDutch

EgyptianFinnish

French/MauritianIndian

Iranian/FrenchLebaneseMalawianMalaysianMoroccan

PakistaniSlovenian

Somali

Number of Appointments

Nat

iona

lity

of A

ppoi

ntee

PART IAll Cases Registered and Administeredby ICSID1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention as of December 31, 20112. Cases Registered by ICSIDChart 1: Total Number of ICSID Cases Registered by Calendar Year:Chart 2: Number of Cases Registered under the ICSID Convention and Additional Facility Rules by Calendar Year:Chart 3: Type of Cases Registered under the ICSID Convention and Additional Facility Rules:

3. Non-ICSID Cases Administered by the ICSID SecretariatChart 4: Number of Non-ICSID Cases Administered by the ICSID Secretariat over the Past Ten Fiscal Years:

4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID CasesChart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered under the ICSID Convention and Additional Facility Rules:

5. Geographic Distribution of All ICSID Cases by State Party InvolvedChart 6: Geographic Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by State Party Involved*:/

6. Distribution of All ICSID Cases by Economic SectorChart 7: Distribution of All Cases Registered under the ICSID Convention and Additional Facility Rules by Economic Sector*:

7. ICSID Arbitration and Conciliation Proceedings – OutcomesChart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:Chart 9: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Outcomes:Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes:/Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports:

8. Annulment Proceedings under the ICSID Convention – OutcomesChart 12: Awards Rendered and Outcomes in Annulment Proceedings under the ICSID Convention, by Decade:

/9. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID CasesChart 13: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:Chart 14: Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geog...Chart 15: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in Cases Registered under the ICSID Convention and Additional Facility Rules: /

PART IICases Registered and Administeredby ICSID in 20111. New Cases Registered by ICSID in 2011Chart 1: Number of New Cases Registered under the ICSID Convention and Additional Facility Rules in 2011:

2. Non-ICSID Cases Administered by the ICSID Secretariat in 2011Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in 2011:

3. Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules:

4. Geographic Distribution of New ICSID Cases Registered in 2011, by State Party InvolvedChart 4: Geographic Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by State Party Involved*:

5. Distribution of New ICSID Cases Registered in 2011, by Economic SectorChart 5: Distribution of New Cases Registered in 2011 under the ICSID Convention and Additional Facility Rules by Economic Sector*:

6. ICSID Arbitration Proceedings Concluded in 2011 – OutcomesChart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2011 – Outcomes:Chart 7: Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules in 2011 – Outcomes:

7. Arbitrators and ad hoc Committee Members Appointed in ICSID Cases in 2011Chart 8: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules – Distribution of Appointments by Geographic Region*:Chart 9: Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules– Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:Chart 10: Nationality of Arbitrators and ad hoc Committee Members Appointed in 2011 in Cases under the ICSID Convention and Additional Facility Rules:

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ICSID VERSUS NON-ICSID INVESTMENT TREATY ... ICSID VERSUS NON-ICSID INVESTMENT TREATY ARBITRATION By Piero BERNARDINI∗ I. Introduction. – II. ICSID and non-ICSID arbitration: differences