Jurisdiction — Dispute arising directly out of an investment — ICSID Convention, Article 25(1) — Relationship between State’s “general” measures and investment — Whether host State’s “general” measures fall within Article 25(1) of the ICSID Convention — Whether “general” measures affect investment directly if not specifically aimed at investment
Jurisdiction — Contract claims as opposed to treaty claims — Legal nature of dispute — ICSID Convention, Article 25(1) — Whether ICSID tribunal has jurisdiction over breach of contractual obligations — Effect of umbrella clause
Jurisdiction — Taxation matters, limitation on jurisdiction — Whether claimant must demonstrate prima facie only that claims relate to taxation matters
Jurisdiction — Forum selection — Submission to local jurisdiction — “Fork-in-the-road” clause — Estoppel — Whether claimant estopped from bringing claim before ICSID tribunal if proceedings initiated in host State’s courts
Jurisdiction — Damages, demonstration of at jurisdictional phase — Whether dispute “merely hypothetical” if no damages shown
Jurisdiction — Standing — Whether jus standi addressed at jurisdiction or merits phase
Jurisdiction — Jurisdiction ratione temporis — Investments made before and after entry into force of BIT
Jurisdiction — Claimant’s identity and ownership, determination of — Whether evidence to determine identity and ownership sufficient
