Investor´s Nationality as a Condition Ratione Personae in International Investment Arbitration under ICSID Convention Cover Image

Investor´s Nationality as a Condition Ratione Personae in International Investment Arbitration under ICSID Convention
Investor´s Nationality as a Condition Ratione Personae in International Investment Arbitration under ICSID Convention

Author(s): Soňa Ondrášiková
Subject(s): International Law, International relations/trade, Law on Economics, Commercial Law
Published by: Masarykova univerzita
Keywords: Bilateral Investment Treaties (BIT); Dual Nationality; Investor; ICSID; Nationality Planning; National Gas S.A.E. v. Arab Republic of Egypt; Phoenix Action;
Summary/Abstract: This paper focuses on exploring how nationality of an investor (either natural or legal person) plays a crucial role in establishing ratione personae jurisdiction of arbitration tribunal in investment disputes. The paper examines two current challenges in assessing the jurisdiction ratione personae: i) specific cases when an investor (natural person exercising effective control in the investment structure) is holder of nationalities, one of them being a nationality of a host state and ii) the so-called nationality planning, which refers to planning a structure of a legal entity (ownership and shareholder structure) so that the entity can benefit from the most suitable investment protection regime.