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Emanations of States and ICSID Arbitration

Author: Jean-Marc LONCLE & Jean-Baptiste MOREL

Type: Article

ref: 1200829-51

N0:1 of 2008

Pages: 29-51

Numerous investment contracts are entered into not by the hosting State itself, but by a company owned by the State, a regulatory body, an administration, a ministry, or a territorial subdivision of such State. As ICSID jurisdiction is related to disputes between a contracting State and a national of another contracting State, the Centre has developed a case law under which one can identify what is captured by “Contracting State” pursuant to article 25.1 of the 1965 Washington Convention.