Last month, the International Centre for Settlement of Investment Disputes (ICSID) published a compendium of state and public comments on proposed amendments to its procedural rules for resolving international investment disputes. It also issued a press release announcing its most recent caseload statistics, including details on the geography, industry and outcomes of new cases.
Compendium of comments
ICSID’s compendium of state and public comments on proposed amendments to its procedural rules contains comments which address proposals made in the ICSID draft amendments published on 3 August 2018 (on which see our earlier post). States and the public were invited to submit written comments on the proposals before 28 December 2018. At the time of writing, the compendium contained comments up to 15 January 2019.
A total of 34 states, the EU and the African Union have provided comments and a further 26 individuals and organisations also submitted written input.
The goal of the proposed amendments? is to further modernise and streamline the ICSID rules for arbitration, conciliation, mediation and fact-finding.
The ICSID Secretariat is now in the process of updating the amendments based on these comments and will publish a further revised working paper in the spring of 2019.
2018 caseload statistics
Also last month, ICSID issued a press release announcing its most recent caseload statistics. These indicate that its dispute resolution services continued to grow in 2018 with a record 56 new registered cases, an increase from the previous year's record of 53 registered cases. In addition, the ICSID Secretariat administered 20 non-ICSID cases (including 15 investor-state UNCITRAL arbitrations). Of the 56 new cases registered, 49 were under the ICSID Convention, six under the ICSID Additional Facility Rules and one under the ICSID Convention Conciliation Rules.
Other key points from the 2018 statistics include:
32% of cases were brought against countries within Eastern Europe and Central Asia, 23% against South American countries, 16% against Middle Eastern and North African countries and 11% against Sub-Saharan African countries.
57% of cases were brought under a bilateral investment treaty, 17% under investment contracts, 10% under the Energy Charter Treaty and 16% under other international treaties.
36 cases were concluded in 2018, of which 50% were settled or otherwise discontinued. Of the remaining 50%, half were upheld, 33% were dismissed and jurisdiction was declined in 17% of them.
Most disputes concerned the oil, gas and mining sector (21%) and the electric power and other energy sectors (20%).
The full ICSID 2018 caseload statistics, together with a profile of the ICSID caseload since the first case was registered in 1972, are available on the ICSID website here.