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date: 04 December 2020

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).

Keywords: jurisdiction, jurisdictional requirements, dispute, investment treaty

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