- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
This article discusses the scope of the jurisdictional reach of the International Centre for Settlement of Investment Disputes (ICSID) and the three main jurisdictional requirements to be met under the ICSID Convention. It addresses solely jurisdiction ratione personae and ratione materiae and their interrelation. It proceeds further with the discussion of the jurisdictional requirements as to the nature of the dispute, namely, that there is dispute; that the dispute is of a legal nature; that there is an investment; and that the dispute arises directly out of that investment. It deals briefly with investment treaty disputes, which are arbitrated under the UNCITRAL Rules, the Rules of the International Chamber of Commerce, Paris (‘ICC’) or the London Court of International Arbitration (‘LCIA’). Finally, it examines the issue of denial of benefit clauses that arises in the context of various Bilateral Investment Treaties (BITs).
David A. R. Williams QC is Barrister, Bankside Chambers, Auckland, New Zealand; Essex Court Chambers, London.
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