Cable Television of Nevis, Ltd and Cable Television of Nevis Holdings, Ltd v. Federation of St Kitts and Nevis

Abstract

Jurisdiction — Consent to arbitrate — icsid arbitration clauses in agreements between government and company — Company did not establish its consent to icsid jurisdiction — Institution of domestic court proceedings did not amount to consent to jurisdiction — Participation of Attorney-General and references to Agreement do not amount to consent

Nationality — Requesting parties met nationality requirements — No agreement that requesting parties should be treated as nationals of a Contracting State

Parties — Relation between Federation and constituent subdivision or agency — Proper party to Agreement was nia and not Federation — No designation of nia as proper party under Article 25(1) of icsid Convention — Substitution of Federation not appropriate

Procedure — Failure to name correct party to proceedings — No formal designation of nia under Article 25(1) — No relevant documentation furnished to satisfy essential requirements to demonstrate consent