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INVESTMENT PROTECTION & ISDS
Meg Kinnear ICSID Secretary-General
Stockholm
May 12, 2014
PROFILE OF ICSID CASELOAD
© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.
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ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases
ICSID Additional Facility Arbitration Cases ICSID Additional Facility Conciliation Cases
INCREASE IN BITs
3 Source: UNCTAD, World Investment Report 2013
INCREASE IN FOREIGN INVESTMENT FDI inflows, global and by group economies (Billions USD)
4 Source: UNCTAD, World Investment Report 2013
RESPONDENTS - GENERAL
5 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.
South America 27%
European Union 12%
Central America & the Carribean
6% North America (Canada,
Mexico & U.S.) 5%
Eastern Europe (non-EU) & Central Asia
(non-EU) 14%
Western Europe (non-EU)
1%
Sub-Saharan Africa 16%
Middle East & North Africa 11%
South & East Asia & the Pacific
8%
INVESTORS – EU CASES
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Juridical person 73%
Natural and juridical person
11%
Natural person 16%
Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules - Overall
© 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.
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Award deciding that the claims are manifestly without legal merit
1%*
Award declining jurisdiction
25%
Award dismissing all claims 28%
Award upholding claims in part or in full
46%
OUTCOMES – EU RESPONDENTS (as of March 1, 2014)
8 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.
Award declining jurisdiction
19%
Award dismissing all claims 50%
Award upholding claims in part or in full
31%
CONDUCT OF AN ICSID CONVENTION
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FEATURES OF ICSID
• Delocalized facility • Dedicated to ISDS – expertise of Secretariat • Low cost – non-profit; use of WBG facilities
internationally • Transparency • Awards recognized by all 150 members • Awards enforceable as final judgment in every
Member State
10 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.
COST • $25,000 registration fee (paid by Claimant) • $32,000/year for Secretariat (divided between
parties • Tribunal remuneration of $3,000/day, billed
hourly • Advances held in interest-bearing WB trust fund • Tribunal discretion regarding costs
11 © 2014 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.
ICSID 1818 H Street NW
Washington, DC 20433 Tel: (202) 458-1534 Fax: (202) 522-2615
www.worldbank.org/icsid
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12 MAY 2014
ISDS IN STOCKHOLM
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International Treaties
SUBSTANCE [example] Investor Investment Investment Protection • Fair and Equitable
Treatment • Expropriation • Discrimination • Legitimate Expectations
SUBSTANCE [examples] Investor Investment Investment Protection • Fair and Equitable
Treatment • Expropriation • Discrimination • Legitimate Expectations
PROCEDURE [ISDS] Examples: • ICSID • UNCITRAL Arbitration
Rules • SCC • Ad hoc arbitration • [other options]
ISDS in Sweden • 120 BIT • ECT • 61 SCC • 60 Sweden
• + 12 UNCITRAL
[UNCTAD Report 2013]
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Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
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