The Jurisdiction of Tribunals in Matters of Arbitration: An Examination of ICSID Arbitration

  • Hassan Francis Whitfield,
  • Tebosego Lorato Baikakedi and Diana Maritu Bangura
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  • Hassan Francis Whitfield

    Researcher at School of Law, Shanghai University of Finance and Economics, China

  • Tebosego Lorato Baikakedi

    Researcher at School of Law, Shanghai University of Finance and Economics, China

  • Diana Maritu Bangura

    Graduate Student, Tongji University, China

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This study examines the legal framework of the ICSID arbitration, focusing on the doctrine of ratione materiae and the involvement of national courts. Jurisdictional determinations play a crucial role in setting the boundaries of the ICSID arbitration, making them a fundamental aspect of the process. This paper examines the concept of ratione materiae, which refers to the specific range of conflicts that fall under the authority of the ICSID tribunals. This research explores the criteria employed by tribunals to determine their jurisdiction based on ratione materiae, drawing on the rules of the ICSID Convention and relevant case law. The paper examines two main topics: the meaning of the term “investment” and its importance in determining the extent of the ICSID jurisdiction and the changing legal principles regarding the definition of protected investments in bilateral and multilateral investment treaties. This article examines the relationship between the ICSID tribunals and national courts in deciding jurisdiction problems, specifically in cases where disagreements emerge about the validity of arbitration clauses and the arbitration agreement. This study aims to clarify the processes by which national courts impact the jurisdictional framework of the ICSID arbitration. It does so by analyzing critical legal decisions and expert opinions, which reveal how national courts either support the authority of arbitration tribunals or resolve disputes related to jurisdiction. This article provides a detailed examination of the function of national courts to shed light on the intricate nature of jurisdictional determinations in ICSID arbitration. The article emphasizes the significance of consistency between tribunal awards and national court rulings to guarantee the arbitration process’s effectiveness and credibility. In conclusion, this examination contributes to a deeper understanding of the jurisdictional dynamics within ICSID arbitration. It provides a foundation for further scholarly inquiry and practical application in international investment law.




International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1301 - 1331


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