Claim for annulment based on lack of jurisdiction of ICSID tribunal | Practical Law

Claim for annulment based on lack of jurisdiction of ICSID tribunal | Practical Law

In Hussein Nuaman Soufraki v The United Arab Emirates (ICSID Case no ARB/02/7), an award had been rendered by a tribunal in which it declined jurisdiction to hear the substantive claim because it found that the claimant was not of Italian nationality, notwithstanding certificates of nationality provided by the Italian authorities, and therefore could not avail himself of the ICSID arbitration provisions in the Bilateral Investment Treaty between Italy and the United Arab Emirates. The claimant brought annulment proceedings.

Claim for annulment based on lack of jurisdiction of ICSID tribunal

Practical Law UK Legal Update Case Report 3-376-0312 (Approx. 6 pages)

Claim for annulment based on lack of jurisdiction of ICSID tribunal

by PLC Dispute Resolution
Published on 20 Aug 2007International, USA (National/Federal)
In Hussein Nuaman Soufraki v The United Arab Emirates (ICSID Case no ARB/02/7), an award had been rendered by a tribunal in which it declined jurisdiction to hear the substantive claim because it found that the claimant was not of Italian nationality, notwithstanding certificates of nationality provided by the Italian authorities, and therefore could not avail himself of the ICSID arbitration provisions in the Bilateral Investment Treaty between Italy and the United Arab Emirates. The claimant brought annulment proceedings.
The annulment committee refused by majority to annul the award, noting that in matters of jurisdiction of an international tribunal, a state does not have the last word concerning the interpretation of its national law. Whilst the certificates of nationality were prima facie evidence of nationality they did not provide conclusive proof. However, in a dissenting opinion, one member of the committee disagreed with some of the majority's findings, in particular as to the treatment of certificates of nationality. He concluded that the tribunal should have taken Italian law to be conclusive on this issue.
The decision and dissenting opinion provide a useful summary of ICSID jurisprudence relating to issues of jurisdiction based on alleged nationality of one of the parties and weight to be given to national laws of the parties.