Columbia International Affairs Online: Policy Briefs

CIAO DATE: 05/2012

The standing of state-controlled entities under the ICSID Convention: Two key considerations

Mark Feldman

April 2012

Columbia Center on Sustainable Investment


The ICSID Convention, under Article 25(1), applies only to those investment disputes that are between a contracting state and a “national” of another contracting state.Given that limitation, and in light of the significant and growing amount of foreign investment by state-controlled entities (SCEs),[1] ICSID tribunals likely will need to address one fundamental issue with greater frequency: whether disputes arising from SCE investments constitute investor-state disputes falling within, or state-to-state disputes falling outside of, the scope of the ICSID Convention.