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Banifatemi et al, Yas --- "Jurisdiction of the Centre" [2019] ELECD 3019; in Fouret, Julien; Gerbay, Remy; Alvarez, M. Gloria (eds), "The ICSID Convention, Regulations and Rules" (Edward Elgar Publishing, 2019) 102

Book Title: The ICSID Convention, Regulations and Rules

Editor(s): Fouret, Julien; Gerbay, Rémy; Alvarez, M. Gloria

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: Jurisdiction of the Centre

Author(s): Banifatemi et al, Yas

Number of pages: 154

Extract:

2
JURISDICTION OF THE CENTRE



ARTICLE 25(1)

Yas Banifatemi and Elise Edson

The jurisdiction of the Centre shall extend to any legal dispute arising directly out
of an investment, between a Contracting State (or any constituent subdivision or
agency of a Contracting State designated to the Centre by that State) and a national
of another Contracting State, which the parties to the dispute consent in writing
to submit to the Centre. When the parties have given their consent, no party may
withdraw its consent unilaterally.



1. THE ELEMENTS OF ARTICLE 25(1)

2.01 Article 25(1) of the Convention on the Settlement of Investment Disputes between
States and Nationals of Other States (`ICSID Convention' or `Convention') sets out
the jurisdictional requirements that must be satisfied in order to bring a claim before
the International Centre for Settlement of Investment Disputes (`Centre' or `ICSID').
It provides that the `jurisdiction of the Centre' (A) extends to `any legal dispute' (B)
`arising directly out of ' (C) `an investment' (D) `between a Contracting State (or any
constituent subdivision or agency of a Contracting State designated to the Centre by
that State' (E) `and a national of another Contracting State,' (F) `which the parties to
the dispute consent in writing to submit to the Centre' (G); further, `[w]hen the parties
have given their consent, no party may withdraw its consent unilaterally' (H).

A. `The jurisdiction of the Centre . . .'

(a) `Jurisdiction of the Centre'/`competence of the tribunal'
2.02 Article 1(1) ...