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Jurisdiction ratione temporis and Existence of a Dispute: Some Remarks about ICSID Recent Case-Law

Author: S├ębastien MANCIAUX

Type: Article

ref: 62006789-802

N0:6 of 2006

Pages: 789-802

Objection to the ratione temporis jurisdiction of arbitration tribunals, particularly ICSID tribunals, is one of the new arguments raised by respondent States in investment arbitration. It is clearly a consequence that, for several years, the majority of the requests for such an arbitration has been based on Bilateral Investment Treaties, many of which came into force recently. Then, the ratione temporis scope of consent to arbitration given in these treaties as well as the determination of the time of the dispute are the two issues at stake.