| ID: | ITIT-006 |
| Title: | UNCTAD – ICSID – Requirements Ratone Materiae |
| Source: | United Nations / UNCTAD |
| Parties: | |
| Dispute Resolution Organ: | |
| Year: | 2003 |
| Pages: | 36 |
| Author(s): | Alejandro A. Escobar |
| Keywords: | agreement, arbitration, conciliation, international law, investment, jurisdiction, legal |
| Abstract: | This Module deals with the subject-matter for which ICSID was designed. It discusses how the phrase “investment disputes” in the Convention’s title is reflected in the provisions of the ICSID Convention. The key provision is Article 25 which speaks of “any legal dispute arising directly out of an investment”. This Module looks at the characteristics a dispute must have in order to be subject to ICSID’s jurisdiction. In particular, this it examines what types of transactions may be understood as investments for purposes of the Convention. In addition, it looks at the concept of a legal dispute and at the requirement that it arise directly from an investment. The combination of these elements circumscribe the scope of application of the ICSID Convention as far as its subject-matter is concerned. In other words, they determine the extent of ICSID’s jurisdiction ratione materiae. |
| Secured: | False |
| Download Article: | edmmisc232add4_en.pdf |
UNCTAD – ICSID – Requirements Ratone Materiae
Keywords: agreement, arbitration/arbitrator, conciliation, international law, investment, jurisdiction, legal
