Introduction

This article addresses the nationality and investment requirements of Article 25(1) of the ICSID Convention and the submission to arbitration of non-foreign investment disputes in the light of the decisions of ICSID tribunals.[1] The objective of this study is to demonstrate that, although the nationality requirement, especially because of the nationality criteria of the juridical person set forth in Article 25(2)(b) of the ICSID Convention, does not prevent the submission of non-foreign investment disputes to ICSID arbitration, the investment requirement, interpreted in ...