New Report: ICSID Cases Relating to Asia

magnifying glass on a document with columns of figures

The ICSID Secretariat recently published a statistics report focusing on the South and East Asia and the Pactific (SEAP) region.

As of 1 October 2015, a total of 539 cases have been registered with the ICSID Secretariat since 1972. Of those 539 cases, 42 involved a state party from the SEAP region—including 8 cases against Pakistan, 7 against Indonesia, 5 against Bangladesh, 4 against the Philippines, and 3 each against Korea, Malaysia and Sri Lanka. In 13 of the 42 cases involving SEAP states, the investor bringing the claim was also from a SEAP country; in the remaining cases, the investor was from a country outside the SEAP region.

Of the 42 cases involving a SEAP state:

  • 62 percent were based on a bilateral investment treaty (BIT), and 29 percent were based on an investment contract between the investor and the host state.
  • 43 percent settled, and 57 percent were decided by an arbitral tribunal. Of the cases that were decided by an arbitral tribunal, 47 percent ended in an award declining jurisdiction, 24 percent resulted in an award dismissing all of the investors’ claims, and 29 percent ended in an award upholding the investor’s claims in part or in full.
  • 38 percent concerned the oil, gas and mining industry; 12 percent related to electric power or other energy; and the transportation, construction, and services/trade sectors accounted for 10 percent each.

A number of SEAP nationals have served as arbitrators in ICSID cases. In total, as of 1 October 2015, SEAP nationals accounted for about 11 percent of all appointments made in ICSID cases. Most of the SEAP appointees were from Australia and New Zealand, but Singapore, the Philippines and Bangladesh are also represented on the list of appointees.