Belated Jurisdictional Objections in ICSID Arbitration
Article from: TDM 1 (2010), in Investor-State Disputes - International Investment Law
Article 41 of the ICSID Convention provides that it is for a tribunal to determine its own competence. It also provides that any jurisdictional objections are to be considered by the tribunal which may either deal with them as preliminary questions or together with the merits: Article 41 (1) The Tribunal shall be the judge of its own competence. (2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered ...