Vacuum Salt Products Limited v. Government of the Republic of Ghana

Abstract

Jurisdiction — Of arbitration tribunal — Request for arbitration — Lease agreement providing for icsid arbitration — Subsequent legistlation revoking lease agreement and providing for submission to local procedures Claimant invoking local procedures after filing request for icsid arbitration — Whether icsid jurisdiction waived

Nationality — Of company — Company incorporated under law of Contracting State party to the dispute — Lease agreement between State and Company containing icsid arbitration clause — icsid Convention Article 25 Rebuttable presumption that parties intended to treat company as national of another Contracting State for the purposes of icsid jurisdiction Relevance of level of share ownership or involvement in company’s operations — Whether presumption rebutted

Parties — To icsid proceedings — Company incorporated under law of Contracting State party to the dispute — Majority of shares held by nationals of Contracting State party to the dispute — Whether company “national of another Contracting State” — Meaning of “foreign control” — Whether implying particular level of share ownership or involvement Convention Article 25(2)(b) icsid