Introduction

This casenote examines the Decision on Jurisdiction in Tokios Tokelés v. Ukraine rendered by Arbitrators Professor Piero Bernadini, Mr. Daniel Price, and Professor Prosper Weil, on April 29, 2004. This was the first time an ICSID tribunal had the opportunity to decide whether the ICSID Convention's jurisdictional requirement ratione personae is satisfied when the claimant corporation is owned and predominantly controlled by citizens of the host State. Apart from this novel jurisdictional issue, the Decision is interesting in view of the rather infrequent occurrence of the ...