Case Summary - Salini Costruttori S.p.A. and Italstrade S.p.A.-v- The Hashemite Kingdom of Jordan (ICSID Case No. ARB/02/13)
Article from: TDM 1 (2005), in Case Comments & Awards
Introduction
On 29 November 2004 an ICSID Tribunal gave its Decision on Jurisdiction in the above-referenced proceedings. The Tribunal considered the scope of its jurisdiction to hear contractual and treaty claims on the basis of a bilateral investment treaty concluded between Italy and Jordan. In doing so, it addressed a number of important matters, including the definition of "an entity of a State", the extent to which a most favoured nation clause may apply to dispute resolution procedures, the role of "umbrella clauses" in elevating contract claims to treaty claims, and indeed its ...