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Sarah Kramer - University of Pennsylvania Law School, JD '17

International Investment Law Symposium Online Publications

Public vs. Private: State-Owned Enterprises as Claimants in ICSID Arbitration

Introduction: The International Center for Settlement of Investment Disputes (“ICSID”) Convention is intended to encourage private investment internationally by providing a forum for the resolution of investment disputes between a Contracting State and “national[s] of another Contracting State.”01Convention on the Settlement of Investment Disputes between States and Nationals of Other States art. 25(1), entry into force Oct. 14, 1966, 17 U.S.T. 1270, 575 U.N.T.S. 159 (“ICSID Convention”). The definitions of “private investment”02Private international investment is not defined in the ICSID Convention. and “national[s]”03ICSID Convention, supra note 1, at art. 25(2) defines a national as: (a) any natural person who had…

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