PSEG Global Inc., the North American Coal Corporation and Konya Ilgin Elektrik Üretim ve Ticaret Limited Sirketi v. Republic of Turkey

Abstract

Arbitration — International Centre for Settlement of Investment Disputes — Turkey — United States Bilateral Investment Treaty, 1985 — Jurisdiction — Investment — What constitutes an investment — Contract — Existence of contract

Jurisdiction — Investment — Nexus between investment and dispute — Interpretation of contract — Whether dispute arising directly out of investment — ICSID Convention, Article 25(1)

Jurisdiction — Consent — Scope of consent — Notification under ICSID Convention, Article 25(4) — Whether creating obligations for Contracting State

Jurisdiction — Consent — Previously agreed upon dispute settlement procedure — Requirement of exhaustion — Presence of previously agreed upon dispute settlement procedure

Parties — Standing — Interest of entities — Nexus to one another — Whether entities legally linked to Turkey for purposes of contract and Bilateral Investment Treaty