Investor-state cases
ICSID explained
Short answer
- Convention in force
- 14 October 1966 1
- Member States
- 166, of which 158 Contracting States and 8 Signatory States, as of 30 June 2026 2
- Total cases registered
- 1,118 as of 30 June 2026 2
- Current rules
- 2022 Regulations and Rules, in effect from 1 July 2022 4
- Most common consent basis
- Bilateral investment treaties, 58% of all cases 2
- Third-party funding disclosed
- 12% of cases newly registered in FY2026 2
What ICSID is
Article 1 of the Convention establishes the Centre 1. Article 2 places its seat at the principal office of the International Bank for Reconstruction and Development 1. The Convention entered into force on 14 October 1966, and the Executive Directors submitted it to governments on 18 March 1965 1.
ICSID describes itself as providing facilities for conciliation and arbitration of international investment disputes 3. Its services include case administration, appointments and challenges, hearing facilities and an administrative registry 3. Member States determine the general directions of ICSID through the Administrative Council 3.
Which disputes ICSID can hear
Under Article 25(1), ICSID jurisdiction covers a legal dispute arising directly out of an investment between a Contracting State and a national of another Contracting State, which the parties consent in writing to submit 1. Once both parties have consented, neither may withdraw its consent alone 1.
The Additional Facility covers cases outside the Convention. ICSID states that the 2022 amendments let Additional Facility proceedings go ahead where one or both parties are not ICSID Contracting States, and allow regional economic integration organisations such as the European Union to be parties 4.
The rules in force
ICSID Member States approved amended rules on 21 March 2022, and the 2022 Regulations and Rules took effect on 1 July 2022 4. ICSID states the changes include mandatory deadlines for orders and awards, optional expedited arbitration, wider public access to orders and awards and, for the first time, a duty to disclose third-party funding, including the funder's name and address 4.
The caseload
Issue 2026-2 of The ICSID Caseload, Statistics covers cases registered or administered as of 30 June 2026 2. ICSID released it on 14 August 2026 6. The release states that ICSID had registered 1,118 cases under the ICSID Convention and Additional Facility Rules, and that it administered 363 cases in FY2026, the most in its history 6. It administered 15 cases under non-ICSID rules in FY2026, including 12 under UNCITRAL rules 6.
By sector, electric power and other energy account for 17% of all cases, oil and gas 14% and mining 12% 2. In FY2026 cases, oil and gas led with 25%, followed by mining with 18% 2.
How ICSID cases end
ICSID's release states that of the arbitrations concluded in FY2026, the year to 30 June 2026, 63% were decided by the tribunal and 37% were settled or otherwise discontinued 6. Issue 2026-2 gives an all-years split in a chart whose text does not tie each figure to its label, so this page does not repeat it 2.
| Outcome measure, FY2026 | Share |
|---|---|
| Decided by the tribunal, share of concluded arbitrations 6 | 63% 6 |
| Settled or otherwise discontinued, share of concluded arbitrations 6 | 37% 6 |
| All claims rejected on the merits, share of decisions 6 | 40% 6 |
| Claims upheld in part or in full, share of decisions 6 | 37% 6 |
| Jurisdiction declined, share of decisions 6 | 18% 6 |
| Dismissed for manifest lack of legal merit, share of decisions 6 | 5% 6 |
Who sits on tribunals
ICSID counts appointments by region. Across all cases, 45% of appointees came from Western Europe, 20% from North America and 13% from South America 2. By nationality, the largest numbers of appointments are of nationals of the United States (369), France (354) and the United Kingdom (308) 2. In FY2026, 52 nationalities were appointed and 8% of appointments were of first-time appointees 2.
After the award
ICSID states that, unlike other international arbitration awards, ICSID Convention awards cannot be challenged in national courts 5. The Convention provides its own post-award remedies, one of which is annulment 5. If a State denounces the Convention, the denunciation takes effect six months after the notice is received, and rights and obligations arising from consent given before the notice are preserved 1.
Common questions
Is ICSID part of the World Bank?
ICSID's seat is the principal office of the International Bank for Reconstruction and Development 1. ICSID is a separate Centre created by its own Convention 1.
How many countries are members of ICSID?
166 Member States, of which 158 Contracting States and 8 Signatory States, as of 30 June 2026 2.
How many cases has ICSID registered?
1,118 as of 30 June 2026 2.
Do investors usually win at ICSID?
In FY2026, 37% of ICSID tribunal decisions upheld claims in part or in full and 40% rejected all claims on the merits. Of the arbitrations concluded that year, 37% ended by settlement or discontinuance 6.
Can a country leave ICSID?
Yes. Denunciation takes effect six months after notice, and earlier consent is preserved 1.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@arbitrationawardsdata.com.
Sources
- ICSID: Convention, Regulations and Rules, ICSID/15/Rev. 3 (July 2022)
- ICSID: The ICSID Caseload, Statistics, Issue 2026-2
- ICSID: About ICSID
- ICSID: ICSID Administrative Council Approves Amendment of ICSID Rules (21 March 2022)
- ICSID: ICSID Publishes Updated Background Paper on Annulment (11 March 2024)
- ICSID: ICSID Releases Caseload Statistics for the 2026 Fiscal Year (14 August 2026)
Related
- ICSID annulment explained
ICSID annulment is a narrow review of an award by an ad hoc committee on five grounds. Time limits, stays, costs and ICSID's own outcome figures.
- Investor-state and commercial arbitration compared
How investor-state and commercial arbitration differ on parties, consent, applicable law, transparency and enforcement, with official caseload figures.
- How investor-state cases end
ICSID data on how investor-state arbitrations end: settlement, discontinuance, tribunal decisions, damages and annulment, with UNCTAD case totals.
- UNCITRAL rules and the Permanent Court of Arbitration
UNCITRAL writes arbitration rules and model laws. The PCA administers cases, often under those rules. Versions, roles and the PCA's 2025 caseload.
- Third-party funding in arbitration
What third-party funding means, the disclosure rules at the ICC and ICSID, and the laws that permit it in Singapore and Hong Kong.