United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Subject(s)
Expropriation of contract rights — Indirect expropriation — Denial of justice — Fair and equitable treatment standard — Good faith — Most-favoured-nation treatment (MFN) — Non-discrimination — Attribution — Umbrella clause
Core Issue(s)
Whether a breach of contract could also constitute a violation of the
Italy-Morrocco BIT
. — Whether contractual rights could be expropriated. — Whether there could be a finding of discrimination in the absence of an intention to discriminate.
United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]
Subject(s)
Consent to jurisdiction — Subject matter of the dispute (and jurisdiction) — Investment ‘in accordance with host state law’ — Attribution — Admissibility
Core Issue(s)
Whether a request for conciliation must articulate all claims to satisfy a waiting period requirement. — Whether a forum selection clause selecting domestic courts precludes ICSID jurisdiction. — Whether the Tribunal's jurisdiction turns on the attribution of conduct of a state-owned company to the state. — Whether a contract for the construction of a highway constituted an investment under the Italy/Morocco BIT. — Whether the Tribunal's jurisdiction extended to contract claims where the state itself was not a party to the contract.
