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

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Growth of Foreign Direct Investment (FDI) FDI in high-income and developing economies, 1970-2009 © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Growth of FDI in Africa Inward FDI in Africa, 1980-2012 Source: UNCTADStat © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Trends of BITS, DTTs, and “other IIAs” 2000-2010 © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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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 © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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WHAT ARE THE OUTCOMES? Arbitration Proceedings under the ICSID Convention and Additional Facility Rules - Overall © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules - Overall © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

Disputes Decided by Arbitral Tribunals under the ICSID Convention and Additional Facility Rules – Africa specific © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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 © 2013 by International Centre for Settlement of Investment Disputes. Content may be reproduced for educational use with acknowledgement.

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