Abstract

Recent ICSID decisions on jurisdictional matters are contributing to the crystallization of the law governing investor-State arbitration. ICSID tribunals have confirmed basic and relatively uncontroversial principles that were sketched out in early arbitrations: that a shareholder has standing independent of the corporation whose equity is held; that the shareholder may claim for measures that affect the company and its assets, not just the shares and shareholder rights as such; and that corporate nationality is generally assessed based on the place of incorporation. Tribunals ...