ICSID 2018 Caseload Reflects Continued Uptick of Investor-State Arbitrations
The International Centre for Settlement of Investment Disputes (ICSID) has released its 2018 caseload statistics. In 2018 ICSID registered a record 56 new cases, as compared to 53 cases registered in 2017. Since the first case in 1972 ICSID has registered 706 cases in total.
The new cases are concentrated in few sectors, with disputes in the oil, gas and mining sector accounting for 21% of cases registered in 2018, followed by electric power and other energy sources at 20% and construction at 14%.
Bilateral investment treaties remain the primary instrument invoked by investors (57% of the cases), followed by investment contracts between the investor and the host State (17%) and the Energy Charter Treaty (10%).
The outcomes in the cases remain balanced amongst the investors and States. Half of the thirty-six cases that were concluded in 2018 were settled or otherwise discontinued, while in the remaining eighteen cases, the tribunal partly or fully upheld claims in 50% of cases, dismissed all claims in 33% of cases, and declined jurisdiction in 17% of cases.
Full caseload statistics can be accessed here.