the icsid caseload · 2020. 3. 16. · this document is intended to provide a profile of the icsid...
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THE ICSID CASELOAD –
STATISTICS
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The ICSID Caseload – Statistics
(Issue 2010-1)
This document is intended to provide a profile of the ICSID caseload, historically and for 2009. It is based on cases registered or administered by ICSID as of December 31, 2009. The analysis examines: (1) the number of cases registered under the ICSID Convention and Additional Facility Rules; (2) the number of other cases administered by ICSID; (3) the basis of consent to ICSID jurisdiction invoked in registered arbitration and conciliation cases; (4) the geographic distribution of ICSID cases by the State party to the dispute; (5) the economic sectors involved in ICSID disputes; (6) the outcomes in ICSID cases; and (7) the nationality and geographic origins of arbitrators, conciliators and ad hoc committee members appointed in ICSID cases.
The ICSID Secretariat will update this information on a bi-annual basis. Any comments or suggestions are welcome and should be addressed to the Secretariat by email to [email protected].
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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 6
2. Cases Registered by ICSID 7 Chart 1: Total Number of ICSID Cases Registered by Year 7 Chart 2: Number of Cases Registered by Year under the ICSID Convention and Additional Facility Rules 8 Chart 3: Type of Proceeding 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 Registered ICSID Cases 10
5. Geographic Distribution of All ICSID Cases by State Party Involved 11 Chart 6: Geographic Distribution of All ICSID Cases by State Party Involved 11
6. Distribution of All ICSID Cases by Economic Sector 12 Chart 7: Distribution of All ICSID Cases by Economic Sector 12
7. ICSID Proceedings – Outcomes 13 Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes 13 Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Awards 13 Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes 14 Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports 14
8. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 15 Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – Distribution of Appointments by Geographic Region 15 Chart 13: 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 16 Chart 14: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases 17
1 The data is based on ICSID statistics as of December 31, 2009. 2 The ICSID Fiscal Year covers the period July 1 to June 30.
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PART II – CASES REGISTERED AND ADMINISTERED BY ICSID IN 2009
1. Cases Registered by ICSID in 2009 19 Chart 1: Number of Cases Registered under the ICSID Convention and Additional Facility Rules in 2009 19
2. Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009 19 Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 20093 19
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009 20 Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009 20
4. Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved 21 Chart 4: Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved 21
5. Distribution of ICSID Cases Registered in 2009 by Economic Sector 22 Chart 5: Distribution of ICSID Cases Registered in 2009 by Economic Sector 22
6. ICSID Cases Concluded in 2009 – Outcomes 23 Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Outcomes 23 Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Awards 23
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 24 Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – Distribution of Appointments by Geographic Region 24 Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region 25 Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 26
3 The ICSID Fiscal Year covers the period July 1 to June 30.
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PART I
ALL CASES REGISTERED AND ADMINISTERED BY ICSID
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1. Map of the ICSID Contracting States and Other Signatories to the ICSID Convention
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2. Cases Registered by ICSID
Chart 1: Total Number of ICSID Cases Registered by Year:
As of December 31, 2009, ICSID had registered 305 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
25
0
5
10
15
20
25
30
35
40
1972
1973
1974
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1991
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2002
2003
2004
2005
2006
2007
2008
2009
Cases Registered under the ICSID Convention and Additional Facility Rules
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Chart 2: Number of Cases Registered by Year under the ICSID Convention and Additional Facility Rules:
Chart 3: Type of Proceeding 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
1 11
1
1
1
2 3 2 3
1
6
2
2
4
1
2
0
5
10
15
20
25
30
35
40
1972
1973
1974
1975
1976
1977
1978
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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
ICSID Convention Arbitration Cases ICSID Convention Conciliation Cases ICSID Additional Facility Arbitration Cases
ICSID Convention Arbitration Cases
271(89%)
ICSID Convention Conciliation Cases
6(2%)
ICSID Additional Facility Arbitration Cases
28(9%)
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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 provides various levels of administrative support for non-ICSID dispute settlement in State-State or investor-State proceedings. The Centre also frequently acts as an appointing authority for arbitrator appointments, and decides proposals for disqualification of an arbitrator in proceedings conducted under the UNCITRAL arbitration rules.
Among the cases the Centre 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).
4 4 3 3 3
10 11 10
7 6
1 2
11
1
0
2
4
6
8
10
12
14
FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009
UNCITRAL Cases Other Cases
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4. Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases Chart 5: Basis of Consent Invoked to Establish ICSID Jurisdiction in Registered ICSID Cases:
ASEAN Agreement for the Promotion and Protection
of Investments1%
Bilateral Investment Treaty (BIT)
62%
Dominican Republic-United States-Central American Free Trade
Agreement (DR-CAFTA)
1%
Investment Contract between the Investor and
the Host-State22%
Investment Law of the Host-State
5%
North American Free Trade Agreement (NAFTA)
4%
Energy Charter Treaty (ECT)
5%
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5. Geographic Distribution of All ICSID Cases by State Party Involved
Chart 6: Geographic Distribution of All ICSID Cases 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.)
6%
Eastern Europe & Central Asia
22%
Western Europe1%
Sub-Saharan Africa16%
Middle East & North Africa
10%
South & East Asia & the Pacific
8%
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6. Distribution of All ICSID Cases by Economic Sector
Chart 7: Distribution of All ICSID Cases by Economic Sector*:
* This sector classification is based on the World Bank’s sector codes, which are available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.
Finance8%
Information & Communication
6%
Agriculture, Fishing & Forestry
4%Oil, Gas & Mining
25%
Electric Power & Other Energy
13%
Water, Sanitation & Flood Protection
8%
Construction7%Tourism
5%
Other Industry10%
Transportation11%
Services & Trade
3%
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7. ICSID Proceedings – Outcomes
Chart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:
Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Awards:
Award rendered by Tribunal
66%
Proceeding Discontinued
34%
Award declining ICSID jurisdiction
21%
Award on the merits69%
Award embodying the parties' settlement
agreement10%
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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%
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8. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases
Chart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – 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.
North America (Canada, Mexico, U.S.)
23%
South America10%
Central America & Caribbean
2%
Middle East & North Africa
6%
Sub-Saharan Africa2%
South & East Asia & the Pacific
8% Eastern Europe & Central Asia
1%
Western Europe48%
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Chart 13: 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*:
* 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. Chart updated in August 2010.
34 289
2211
38
8
140
195
67
1334
12
41
7
344
0
50
100
150
200
250
300
350
400
North America (Canada, Mexico & U.S.)
South America Central America & the Caribbean
Middle East & North Africa
Sub-Saharan Africa South & East Asia & the Pacific
Eastern Europe & Central Asia
Western Europe
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
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Chart 14: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases *:
*Chart updated in August 2010.
120106
9474
7046
3533
3130
272525
241515
1312
1110
98888
7777
666
55555
444444
33333
222222222222
111111111111
0 20 40 60 80 100 120 140
U.S.FrenchBritish
CanadianSwiss
SpanishMexican
AustralianItalian
GermanEgyptian
ChileanDutch
BelgianArgentine
SwedishNew Zealand
Costa RicanColombian
BrazilianDanishGreek
Lebanese/FrenchUruguayan
VenezuelanEcuadorian
PhilippineSenegalese
ThaiPeruvian
SingaporeanSlovak
AustrianBritish/French
BulgarianGuyanese
IndianAlgerian
BangladeshiCypriotIranian
MoroccanSwiss/Brazilian
HonduranIsraeli
JamaicanNigerianTogolese
BarbadianBeninese
CzechFinnish
GaboneseGhanaianJordanianLebaneseMalagasyPakistani
PortugueseSwiss/Irish
Central AfricanCroatian
DominicaGuatemalan
Iranian/FrenchLuxembourg
MalaysianNorwegian
SerbianSouth African
Sri LankanSudanese
Number of Appointments
Nat
iona
lity
of A
ppoi
ntee
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PART II
CASES REGISTERED AND ADMINISTERED BY ICSID IN 2009
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1. Cases Registered by ICSID in 2009
Chart 1: Number of Cases Registered under the ICSID Convention and Additional Facility Rules in 2009:
2. Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009
Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009:
23
2
0
5
10
15
20
25
ICSID Convention Arbitration Cases
ICSID Additional Facility Arbitration Cases
6
1
0
1
2
3
4
5
6
7
UNCITRAL Cases Other Cases
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3. Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009
Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009:
Bilateral Investment Treaty (BIT)
64%
Dominican Republic-United States-Central American Free Trade
Agreement (DR-CAFTA)
7%
Investment Contract between the Investor and
the Host-State18%
Investment Law of the Host-State
4%
Energy Charter Treaty (ECT)
7%
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4. Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved
Chart 4: Geographic Distribution of ICSID Cases Registered in 2009 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 America16%
Central America & the Carribean
20%
North America (Canada, Mexico, U.S.)
4%
Eastern Europe & Central Asia
28%
Western Europe4%
Sub-Saharan Africa4%
Middle East & North Africa
16%South & East Asia & the Pacific
8%
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5. Distribution of ICSID Cases Registered in 2009 by Economic Sector
Chart 5: Distribution of ICSID Cases Registered in 2009 by Economic Sector*:
* The sector classification is based on the World Bank’s sector codes, which are available at http://siteresources.worldbank.org/PROJECTS/Resources/SectorCodesLists.pdf.
Finance8%
Information & Communication
4% Agriculture, Fishing & Forestry8%
Oil, Gas & Mining
24%
Electric Power & Other Energy
16%Water, Sanitation &
Flood Protection4%
Construction 4%
Tourism8%
Other Industry8%
Transportation16%
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6. ICSID Cases Concluded in 2009 – Outcomes
Chart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Outcomes:
Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Awards:
Award rendered by Tribunal
72% Proceeding Discontinued
28%
Award declining ICSID jurisdiction
33%
Award on the merits56%
Award embodying the parties' settlement
agreement11%
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7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009
Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – 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. Chart updated in August 2010.
North America (Canada, Mexico & U.S.)
20%
South America11%
Central America & the Caribbean
4%Middle East & North Africa
8% Sub-Saharan Africa1%
South & East Asia & the Pacific
12%
Eastern Europe & Central Asia
3%
Western Europe41%
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Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – 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. Chart updated in August 2010.
43 3
4
1
6
2
12
17
8
1
4
0
6
1
31
0
5
10
15
20
25
30
35
North America (Canada, Mexico & U.S.)
South America Central America & the Caribbean
Middle East & North Africa
Sub-Saharan Africa South & East Asia & the Pacific
Eastern Europe & Central Asia
Western Europe
Appointments by ICSID Appointments by the Parties (or Party-appointed Arbitrators)
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Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009*:
* Chart updated in August 2010.
13
12
8
8
6
5
5
4
4
3
3
3
3
2
2
2
2
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
0 2 4 6 8 10 12 14
U.S.
French
British
Canadian
Swiss
Australian
Egyptian
Argentine
Swedish
Belgian
British/French
Costa Rican
New Zealand
Bangladeshi
Chilean
Colombian
Guyanese
Italian
Slovak
Spanish
Brazilian
Bulgarian
Dutch
German
Iranian/French
Jamaican
Lebanese/French
Malaysian
Moroccan
Nigerian
Pakistani
Swiss/Irish
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 Convention2. Cases Registered by ICSIDChart 1: Total Number of ICSID Cases Registered by Year:Chart 2: Number of Cases Registered by Year under the ICSID Convention and Additional Facility Rules:Chart 3: Type of Proceeding 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 Registered ICSID Cases:
5. Geographic Distribution of All ICSID Cases by State Party InvolvedChart 6: Geographic Distribution of All ICSID Cases by State Party Involved*:
6. Distribution of All ICSID Cases by Economic SectorChart 7: Distribution of All ICSID Cases by Economic Sector*:
7. ICSID Proceedings – OutcomesChart 8: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Outcomes:Chart 9: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules – Awards:Chart 10: Conciliation Proceedings under the ICSID Convention – Outcomes:/Chart 11: Conciliation Proceedings under the ICSID Convention – Commission Reports:
8. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID CasesChart 12: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases – Distribution of Appointments by Geographic Region*:Chart 13: 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*:
PART IICases Registered and Administeredby ICSID in 20091. Cases Registered by ICSID in 2009Chart 1: Number of Cases Registered under the ICSID Convention and Additional Facility Rules in 2009:
2. Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009Chart 2: Number of Non-ICSID Cases Administered by the ICSID Secretariat in Fiscal Year 2009:
3. Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009Chart 3: Basis of Consent Invoked to Establish ICSID Jurisdiction in Cases Registered in 2009:
4. Geographic Distribution of ICSID Cases Registered in 2009 by State Party InvolvedChart 4: Geographic Distribution of ICSID Cases Registered in 2009 by State Party Involved*:
5. Distribution of ICSID Cases Registered in 2009 by Economic SectorChart 5: Distribution of ICSID Cases Registered in 2009 by Economic Sector*:
6. ICSID Cases Concluded in 2009 – OutcomesChart 6: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Outcomes:Chart 7: Arbitration Proceedings under the ICSID Convention and Additional Facility Rules concluded in 2009 – Awards:
7. Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009Chart 8: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – Distribution of Appointments by Geographic Region*:Chart 9: Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009 – Distribution of Appointments by ICSID and by the Parties (or Party-appointed Arbitrators) by Geographic Region*:Chart 10: Nationality of Arbitrators, Conciliators and ad hoc Committee Members Appointed in ICSID Cases in 2009*: