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 ...