Kaiser Bauxite Company v. The Government of Jamaica

Abstract

Arbitrators — Appointment — Arbitration clause submitting disputes to icsid contained in agreements — Arbitrators to be appointed by parties — State refusing to appoint arbitrator — Procedure in event of default of party to appoint arbitrator

Jurisdiction — Of tribunal — Agreement to arbitrate — Requirement of written consent — Arbitration clause submitting disputes to icsid contained in agreements — Whether arbitration clause sufficient written consent to arbitrate

Jurisdiction — Of tribunal — Unilateral notification by State of intention to exclude type of dispute from icsid jurisdiction operative in respect of prior consent to arbitrate Whether notification

Non-appearance — Company instituting arbitration proceedings — State failing to appear before tribunal — Procedure in default of appearance

Jurisdiction — Of tribunal — Legal dispute arising from investment — Meaning of “investment”