Department of Private International Law, Faculty of Law, University of Szeged
Abstract
Problems related to ICSID jurisdiction are extremely relevant, and the mistakes made during the drafting of an arbitration clause may exclude the competence of the Centre. When drafting a document that designates ICSID as a forum for resolving emerging disputes, it is necessary to carefully check the compliance of the document with the requirements of the Convention and international law. Deviation from the ICSID jurisdiction criteria may result in the State hosting the investment pleading that the Centre lacks jurisdiction. This article will examine in detail issues related to ICSID jurisdiction when considering investment disputes, as well as how non-compliance with the conditions of jurisdiction may affect the exercise of the right to investment protection under ICSID
