Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-25T08:09:07.143Z Has data issue: false hasContentIssue false

Salini Costruttori SpA and Italstrade SpA v. Kingdom of Morocco

ICSID (Arbitration Tribunal).  23 July 2001 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Jurisdiction — Consent — Contractual submission to local jurisdiction — Whether ousting jurisdiction under bilateral investment treaty — Local jurisdiction not susceptible to prorogation whether consent given — icsid Convention, Article 25(1)

Jurisdiction — Jurisdiction ratione personae — National motorway company with majority State ownership — Whether “agency” of State — icsid Convention, Article 25(1)

Jurisdiction — Jurisdiction ratione materiae — “Investment” — Particular relevance of State law in determining existence of an investment — Dual requirements of bit and icsid Convention, Article 25(1) — Whether satisfied

Jurisdiction — Jurisdiction ratione materiae — Claim of breach of bit — Not excluded because also based on contract — Onus of proof on Claimant to establish breach of bit attributable to the State — Relation of responsibility under treaty to contractual liability

Admissibility — bit requiring notification to host State requesting amicable settlement — Notification to Minister also holding office as President of local contracting company — Whether sufficient notification

State responsibility — Organ of the State — Structural and functional criteria — Acts of a State corporation attributable to the State — Relation to contractual claim

Type
Case Report
Copyright
© Cambridge University Press 2004

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.)