QuiboraxAnd The Objective Definition Of Investment

By Andy Moody and Ben von Maur What is an "investment" for the purposes of the ICSID Convention? That question is of fundamental importance to establishing whether or not an ICSID tribunal has jurisdiction over a dispute brought before it. A recent ICSID decision on jurisdiction - Quiborax SA v Bolivia1- adds more ammunition to the arsenal of ICSID case law which international investment lawyers have at their disposal when asked to argue whether a dispute arises directly out of an "investment". The Quiborax decision is of particular interest because the tribunal was asked to consider, inter alia:

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