Introduction

The jurisdiction of ICSID Tribunals is governed by Article 25 of the ICSID Convention. To find jurisdiction, an ICSID Tribunal must determine that there is a legal dispute arising directly out of an investment between a national of the Contracting State and another Contracting State, which the parties have consented in writing to submit to ICSID for resolution. Thus, an ICSID Tribunal must enjoy jurisdiction ratione personae , ratione materiae and ratione temporis .[1] Notwithstanding that jurisdiction ratione temporis is a critical element to ...