In Ioan Micula and others v Romania (ICSID Case No ARB/05/20), Decision on Jurisdiction and Admissibility, the tribunal considered, in the context of the ICSID Convention, the question of whether the "effective nationality" test is relevant to the jurisdictional requirement that the claims must be brought by a national of a Contracting State. In holding that there was no room for this principle under the ICSID Convention and the terms of the applicable BIT, the tribunal's decision was consistent with the approach of a previous ICSID tribunal.

In addition to its analysis of the "effective nationality" test, the award is a good example of the clear distinction drawn between issues suitable for determination at the preliminary or jurisdictional stage, and issues which the tribunal should not consider until the merits stage.