Hostname: page-component-586b7cd67f-tf8b9 Total loading time: 0 Render date: 2024-11-23T12:55:26.348Z Has data issue: false hasContentIssue false

Salini Costruttori SpA and Italstrade SpA v. Hashemrre Kingdom of Jordan

ICSID (Arbitration Tribunal).  29 November 2004 ; 31 January 2006 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Jurisdiction — Italy-Jordan Bilateral Investment Treaty (“BIT”) — Contract between Claimants and Respondent — Disagreement between parties as to amount owed under Contract — Claimants claiming Respondent breaching Article 2(3) and (4) of BIT — Whether Tribunal having jurisdiction over Claimants’ claim — Whether Article 9(2) of BIT excluding jurisdiction of Tribunal wholly or partly — Article 9(2) of BIT — Interpretation and application — Vienna Convention on the Law of Treaties — Whether Jordan Valley Authority an entity of Kingdom of Jordan within meaning of Article 9(2) of BIT — Whether claims of contractual character “a dispute concerning an investment” within meaning of Article 9(1) of BIT — Articles 2(4) and (5) and 11(2) of BIT — Umbrella clause — Whether giving Tribunal jurisdiction over contractual claims against Respondent — Article 3(1) of BIT — Most-favoured-nation clause — Whether giving jurisdiction to Tribunal in particular with respect to contractual claims — Whether tribunal having jurisdiction ratione temporis

Arbitration — ICSID — Italy-Jordan BIT — Article 9(3)(b) of BIT — Respondent refusing to allow dispute with Claimants to be referred to arbitration pursuant to clause 67.3 of Contract — Whether Respondent failing to honour Contract — Whether Respondent breaching Article 2(3) and (4) of BIT — International oral agreements — Whether binding — Burden of proof on Claimants — Whether Claimants proving existence of oral agreement between parties

Costs — Allocation between parties — Discretion of Tribunal — Article 61(2) of ICSID Convention

Type
Case Report
Copyright
© Cambridge University Press 2009

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.)