Impregilo SpA v. Islamic Republic of Pakistan

Abstract

Jurisdiction — Jurisdiction ratione personae — Standing on behalf of unincorporated joint venture — “Juridical person” for purpose of ICSID Convention, Article 25(2)(b) — Standing on behalf of other joint venture partners — Protected “investor” — Nationality — Other partners not nationals of other Contracting State to BIT — Two partners not nationals “of another Contracting State” for purpose of ICSID Convention, Article 25(1) — Standing of Claimant for its own share of loss

Jurisdiction — Jurisdiction ratione materiae — Contract claims — Absence of “umbrella clause” — Generic dispute settlement clause in BIT — Consent to arbitration not encompassing contract between autonomous corporate body and investor — Most-favoured-nation clause — No extension of consent

Jurisdiction — Jurisdiction ratione materiae — Treaty claims — Effect of contractual dispute resolution clauses — Treaty claims not excluded — Objective test for jurisdiction — Onus on Claimant to establish breach of BIT attributable to State — No jurisdiction over acts carried out by the State in its capacity as party to a contract — Decision on jurisdiction over acts carried out by the State in exercise of sovereign authority deferred to merits phase — ICSID Arbitration Rules, Rule 41(4)

Jurisdiction — Jurisdiction ratione temporis — Absence of provision for retroactivity — Treaty dispute after entry into force of BIT — Applicable law — Law in force at time of performance of act allegedly in breach of BIT