Introduction

In ICSID arbitration, jurisdiction is based on consent; that is stating the obvious. The review of jurisdictional issues is, in a sense, making sure that consent to arbitration is both protected and respected. Yet, the Washington Convention, as you all know, has no specific grounds for reviewing jurisdiction. Jurisdiction is reviewed on the ground that the Tribunal has manifestly exceeded its powers. Accordingly, the question is whether this ground of manifest excess of powers is appropriate for jurisdictional review and if it allows the complete, full and strict review of jurisdiction. ...