The ICSID recently published its latest caseload statistics of ISDS cases since 1972 until 30 June 2014. According to an UNCTAD report, ICSID has administered the majority of ISDS cases, which accounts for 62% of all ISDS cases as per 31 December 2013.
Below are some interesting points from the statistics:
- Since 1972 until 30 June 2014, ICSID has registered 464 investment arbitration cases and 9 conciliation cases.
- The basis of the ICSID jurisdiction is found not only in bilateral investment treaties or free trade agreements, but also in investment law of host states and investment contracts between investors and host states.
- Among all ICSID cases that have been decided by tribunals so far, tribunals have declined jurisdiction in 25% of cases, dismissed all claims in 28% of cases and decided that the claims are manifestly without legal merit in 1% of cases. This means that government prevailed in 54% of cases. In 46% of cases, tribunals have upheld investor’s claims in part or in full.
- South American, Eastern European and Central Asian countries remain the mostly-involved State party in ICSID cases, followed by the countries in Sub-Saharan Africa, Middle East and North Africa.
Looking at the latest trend, between 1 July 2013 and 30 June 2014, tribunals declined jurisdiction in 48% of cases and dismissed all claims in 24% of cases. This means that governments prevailed in 72% of cases. In 28% of the cases the investors’ claims have prevailed in part or in full.