Jurisdiction and Admissibility in Investment Arbitration: The Practice and the Theory

  • Filippo Fontanelli
  • Brill Research Perspectives in International Investment Law and Arbitration, March 2017, Brill
  • DOI: 10.1163/24055778-12340003

The practice about, and the theory behind, jurisdiction and admissibility in ISDS.

What is it about?

It is difficult to conceptualise the jurisdiction of investment tribunals, as it often blurs into the issue of whether a claim is admissible or not. This essay maps the practice of investment tribunals and shows how the confusion is inherited from the practice of international litigation at the inter-State level.

Why is it important?

Tribunals and parties struggle to distinguish the grounds for inadmissibility from the reasons warranting the lack of jurisdiction. This essay accounts for how the practice has evolved, and why it should be fixed.

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