jurisdiction ratione personae Definition

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What does jurisdiction ratione personae mean?

concerns the question of who may be a party to the relevant investment treaty proceedings. Usually, disputes in relation to ratione personae concern whether a claimant is a qualifying investor under the relevant investment agreement and the ICSID Convention (which typically concern issues of nationality)

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Investment treaty arbitration—2020—key arbitral awards and decisions tracker [Archived]

Investment treaty arbitration—2020—key arbitral awards and decisions tracker [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note tracks the details of key awards and decisions issued by tribunals in investment treaty arbitration proceedings, principally those administered by the International Centre for the Settlement of Investment Disputes (ICSID). The Practice Note also covers relevant awards and decisions issued in proceedings conducted under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and administered by other arbitral institutions such as the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Permanent Court of Arbitration (PCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC). Decisions of ad hoc Committees in ICSID annulment proceedings are also included. While there is no recognised system of precedent in investment treaty arbitration, previous decisions are often cited by parties during proceedings and referred to by arbitral tribunals in their decisions. This Practice Note only features awards and decisions published...

ICSID arbitration—introduction and procedure

ICSID arbitration—introduction and procedure Guidance on investment treaty arbitration generally can also be found in our subtopic: Investment treaty arbitration—overview. Although we provide links to some News Analysis and other news items in this Practice Note, more news and latest cases content is available in the News pod of the ICSID arbitration and Investment treaty arbitration subtopics. What is ICSID? Established in 1966, ICSID is the only multilateral institution with a specific mandate to facilitate the peaceful resolution of international investment disputes, arising out of treaty obligations, contracts and investment laws. Its availability to investors and states helps to promote international investment by providing confidence in the dispute resolution process. It is also available for state-state disputes under investment treaties and free trade agreements, and as an administrative registry. It is one of the organisations most commonly designated in bilateral (BIT) and multilateral (MIT) investment protection treaties. ICSID is one of the five organisations that form the World Bank Group and is constituted under the Convention...

Discover our 3 Practice Notes on jurisdiction ratione personae

Paris Court of Appeals rejects annulment of jurisdictional award in favour of dual nationals in an arbitration against Venezuela under the Spain-Venezuela BIT (Republique Bolivarienne du Venezuela v Y.C.E and D.C.U)

Arbitration analysis: On 27 June 2023, the Paris Cour d’Appel (the ‘Paris Court of Appeals’) upheld a jurisdictional award against Venezuela in an arbitration initiated by two Spanish-Venezuelan nationals under the Spain-Venezuela bilateral investment treaty (BIT). In its decision, the court found that the BIT did not require the claimants to hold the nationality of either of the parties at the time their investment was made and did not prohibit claims from investors holding the nationalities of both BIT parties. Written by Diego Romero, associate at Latham & Watkins LLP.

ICSID tribunal orders bifurcation of jurisdictional objections (Sumain v Kuwait)

The arbitral tribunal in the International Centre for Settlement of Investment Disputes (ICSID) arbitration proceedings between four Egyptian individual claimants and the State of Kuwait issued a decision upholding (in part) the respondent state's request for bifurcation of the proceedings to determine its preliminary jurisdictional objections.

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