Hostname: page-component-cd9895bd7-mkpzs Total loading time: 0 Render date: 2024-12-25T18:12:57.150Z Has data issue: false hasContentIssue false

Impregilo SpA v. Islamic Republic of Pakistan

ICSID (Arbitration Tribunal).  22 April 2005 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Jurisdiction — Jurisdiction ratione personae — Standing on behalf of unincorporated joint venture — “Juridical person” for purpose of ICSID Convention, Article 25(2)(b) — Standing on behalf of other joint venture partners — Protected “investor” — Nationality — Other partners not nationals of other Contracting State to BIT — Two partners not nationals “of another Contracting State” for purpose of ICSID Convention, Article 25(1) — Standing of Claimant for its own share of loss

Jurisdiction — Jurisdiction ratione materiae — Contract claims — Absence of “umbrella clause” — Generic dispute settlement clause in BIT — Consent to arbitration not encompassing contract between autonomous corporate body and investor — Most-favoured-nation clause — No extension of consent

Jurisdiction — Jurisdiction ratione materiae — Treaty claims — Effect of contractual dispute resolution clauses — Treaty claims not excluded — Objective test for jurisdiction — Onus on Claimant to establish breach of BIT attributable to State — No jurisdiction over acts carried out by the State in its capacity as party to a contract — Decision on jurisdiction over acts carried out by the State in exercise of sovereign authority deferred to merits phase — ICSID Arbitration Rules, Rule 41(4)

Jurisdiction — Jurisdiction ratione temporis — Absence of provision for retroactivity — Treaty dispute after entry into force of BIT — Applicable law — Law in force at time of performance of act allegedly in breach of BIT

Keywords

Type
Case Report
Copyright
© Cambridge University Press 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)