1. ICSID in Africa – Institutional Perspective IBA Conference
“Mergers, Acquisitions and Inward Investment in Africa”
Lagos, Nigeria
Meg Kinnear
Secretary-General
November 8, 2013

2. ICSID MEMBERSHIP
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3. AFRICAN CONTRACTING STATES
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4. Growth of Foreign Direct Investment (FDI)
FDI in high-income and developing economies,
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5. Growth of FDI in Africa Inward FDI in Africa, 1980-2012
Source: UNCTADStat
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6. Trends of BITS, DTTs, and “other IIAs” 2000-2010
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7. PROFILE OF ICSID CASELOAD
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8. GEOGRAPHIC DISTRIBUTION OF CASES
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9. AFRICA PARTIES IN ICSID PROCEEDINGS
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10. CASES INVOLVING NIGERIA
Case Name
Date Registered
Subject Matter
BIT, Law or Contract
Outcome
Interocean Oil Development Co. & Interocean Oil Exploration Co. v. Nigeria
(ARB/13/20)
9 September 2013
Oil exploration & production joint venture
Nigerian Investment Promotion Commission Act
Pending
Shell Nigeria Ultra Deep v. Nigeria
(ARB/07/18)
26 July 2007
Hydrocarbon concession
Nigeria-Netherlands BIT
Settled & discontinued
Guadalupe Gas Products Corp. v. Nigeria (ARB/78/1)
20 March 1978
Production & marketing of liquefied natural gas
Contract between Parties
Settlement embodied in Award of 22 July 1980
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11. BASIS OF CONSENT – OVERALL
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12. BASIS OF CONSENT – AFRICAN PARTIES
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13. ECONOMIC SECTORS – OVERALL
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14. ECONOMIC SECTORS – AFRICA
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15. WHAT ARE THE OUTCOMES?
Arbitration Proceedings under the ICSID Convention and Additional Facility Rules - Overall
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16. Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules - Overall
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17. Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Africa specific
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18. Special Features of ICSID Convention Arbitration
Impartial and delocalized facility
Immunities for participants
Secretariat expertise
Cost-effective fee structure
Access to hearing facilities internationally
Transparent proceedings available
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19. Special Features of ICSID Convention - Awards
Awards final & binding – no appeal in local courts
Member States must recognize monetary awards without further process
Monetary awards enforceable as a final judgment in any Contracting State
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20. ICSID 1818 H Street NW Washington, DC Tel: + 1 (202) Fax: + 1 (202)