KT Asia investment group BV v republic of Kazakhstan: ratione personae and ratione materiae

weiniger, matthew; kantor, elizabeth;

The ICSID Convention was originally designed to facilitate the settlement of disputes between host States and foreign investors. Its preamble states that �while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases�. The jurisdictional requirements are laid down in Article 25(1) of the ICSID Convention, which makes it clear that the settlement of investment disputes at the International
Centre for Settlement of Investment Disputes (ICSID) is only available to disputes arising between contracting States and nationals of other contracting States arising out of investments.