Consortium Groupement LESI-DIPENTA v. People’s Democratic Republic of Algeria

Abstract

Jurisdiction — ICSID Convention, Article 25 — Meaning of legal dispute — Whether amount of compensation a legal dispute — Meaning of investment — Whether contract can be an investment — Conditions for contract to be an investment — Whether contribution by contractor can be in home country — Nature of contribution required — Duration of contract — Risk implied in contract — Requirement of a dispute with a State

Jurisdiction — Consent to ICSID jurisdiction — Scope of consent limited by Article 4 of Algeria-Italy Bilateral Investment Treaty, 1991

Admissibility — Algeria-Italy Bilateral Investment Treaty, 1991, Article 8 — Requirement of attempts at prior friendly settlement — Cooling-off period — Date from which cooling-off period running

Admissibility — Standing — Whether Consortium party to contract — Whether creation of Consortium notified to Algeria — Whether Consortium accepted by Algeria — Whether Consortium an agent for member companies — Whether Consortium can assert rights of member companies

Costs — Discretion of Tribunal — Inadmissible claim — Rejection of most of Respondent’s objections