JURISDICTION RATIONE PERSONAE IN ICSID ARBITRATION
JURISDICTION RATIONE PERSONAE IN ICSID ARBITRATION

Summary/Abstract: Ratione personae jurisdiction raises interesting questions both in theory and in practice. The latter two, however, may differ and as more and more cases are submitted to ICSID jurisdiction some tendencies and also derogations from the latter can be observed. This paper did not attempt to make a thorough analysis of all practical cases from ICSID’s available caseload but the most important issues were highlighted. The core of the question is, however, that the Convention gives the parties a great deal of freedom in providing for the elements of ratione materiae jurisdiction and such flexibility is a very important overall feature of the Convention. The parties are restricted only in places where the agreement of the parties is manifestly outside the scope of the Convention. Even where there are unclear or ambiguous issues in a certain case, the purpose of the Convention is to apply the principle in favorem jurisdictionis meaning that the parties’ original intent to submit the dispute to ICSID arbitration shall be respected during the course of interpretation.

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