Case report (free download)
Case Report by Silke Sofķa Miranda Apel, Editor Ignacio Torterola
In a decision rendered on April 3, 2017, the International Centre for Settlement of Investment Disputes (ICSID) addressed the issue on whether the denunciation of the ICSID Convention by Venezuela affected the existence of consent for arbitration under the BIT, as well as whether a trustee is sufficiently entitled to be the Claimant in the case.
Jurisdiction and Competence of the arbitral tribunal and burden of proof in the jurisdictional stage. Denunciation of the ICSID Convention and its effects on jurisdiction ratione voluntatis. Jurisdiction ratione personae, a trustee as the Claimant.
Case report provided by International Arbitration Case Law (IACL)