Salini Impregilo SpA v Argentina, Decision on jurisdiction and admissibility, ICSID Case No ARB/15/39, IIC 1318 (2018), 23rd February 2018
Whether a delay between the purported interference and submission to arbitration is enough to render an arbitral claim inadmissible. And if so, whether the doctrine of Extinctive Prescription applies to bar the claims.
Whether a tribunal can assume jurisdiction where the Claimant purportedly fails to satisfy a jurisdictional pre-condition in the Bilateral Investment Treaty with regards to the introduction and abandonment of domestic proceedings.
Whether a tribunal has discretion to stay proceedings in recognition of a more convenient forum and on the account of parallel proceedings pending before a national court.