The latest ICSID cases statistics
Aug 26 2026
Civil Litigation and Arbitration
The latest ICSID cases statistics
The International Centre for Settlement of Investment Disputes (ICSID) has recently published statistics for the latest financial year from 1 July 2025 to 30 June 2026 (‘FY2026’) which makes for interesting reading.
Caseload
After the ICSID Convention had been submitted for signature in 1965 and had entered into force in 1966, the first ICSID case was registered in 1972. Since then, 1,118 arbitration and conciliation cases have been registered under the ICSID Convention and Additional Facility Rules.
In the first six months of 2026, ICSID registered 33 new cases (31 ICSID Convention and 2 Additional Facility Rules cases). The record number of 66 registered cases was seen in the 2021 calendar year, and the second highest number – 63 – was reached in 2025.
Basis of consent
In FY2026, the basis of consent invoked to establish ICSID jurisdiction was as follows (the main large categories):
| 62% | BITs |
| 10% | Energy Charter Treaties |
| 8% | Contracts |
| 6% | Domestic investment laws |
In all ICSID-registered cases, the basis of consent invoked to establish ICSID jurisdiction was as follows (the main large categories):
| 58% | BITs |
| 15% | Contracts |
| 10% | Energy Charter Treaties |
| 7% | Domestic investment laws |
Respondent
In FY2026, the States with the most claims made against them were as follows:
| 4 | Colombia |
| 4 | Guinea |
| 4 | Ukraine |
| 3 | Mexico |
| 3 | Switzerland |
| 3 | Tanzania |
Economic sector
As to the main economic sectors, the distribution of ICSID cases registered in FY2026 was as follows:
| 25% | Oil & gas |
| 18% | Mining |
| 13% | Other industry |
| 10% | Electric power & other energy |
| 10% | Finance |
| 8% | Transportation |
| 7% | Construction |
These figures mostly follow the trend in relation to all ICSID cases to date, albeit the proportion of the cases has changed:
| 17% | Electric power & other energy |
| 14% | Oil & gas |
| 12% | Mining |
| 11% | Other industry |
| 10% | Construction |
| 9% | Transportation |
| 8% | Finance |
Damages
As to cases decided in FY2026, the following quantum of damages was awarded (in US dollars):
| 70% | No damages (including cases in which the jurisdiction was declined, or all claims dismissed or liability found but damages not awarded) |
| 14% | Under 10 million |
| 8% | 10-49 million |
| 5% | 100-499 million |
| 3% | 50-99 million |
As regards all ICSID arbitrations decided by tribunals, the following damages were awarded:
| 55% | No damages (including cases in which the jurisdiction was declined, or all claims dismissed or liability found but damages not awarded) |
| 15% | Under 10 million |
| 15% | 10-49 million |
| 8% | 100-499 million |
| 5% | 50-99 million |
Nationality of arbitrators
The top 10 nationalities of the arbitrators appointed in ICSID cases in FY2026 (by number of appointments) are as follows:
| 1 | USA |
| 2 | Germany |
| 3 | Spain |
| 4 | France |
| 5 | Canada |
| 6 | Italy |
| 7 | Argentina / Switzerland |
| 8 | Singapore |
| 9 | Australia /Switzerland |
| 10 | United Kingdom |
The top 10 nationalities of the arbitrators appointed in all ICSID cases (by number of appointments) are as follows:
| 1 | USA |
| 2 | France |
| 3 | United Kingdom |
| 4 | Canada |
| 5 | Switzerland |
| 6 | Spain |
| 7 | Germany |
| 8 | Australia |
| 9 | Argentina |
| 10 | Italy |
Third-party funding
12% of all cases in FY2026 included disclosures about third-party funding received for the pursuit or defence of the proceedings.
How Gherson can assist
Gherson’s Litigation and Arbitration Team are highly experienced in advising on international
commercial litigation and arbitration matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn to stay up to date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2026
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