ICSID Convention, Investment Arbitration, Investment protection, Jurisdiction of the arbitral tribunal, UNCITRAL Arbitration Rules
The invocation of “denial of benefits clauses”: when and how?
By Carmen Núñez-Lagos and Javier García Olmedo In an award rendered on 31 January 2014, an arbitral tribunal constituted under the UNCITRAL Rules declined jurisdiction over the claims brought by one of two claimants against the Plurinational State of Bolivia on the basis of the application of a denial of benefits clause in the US-Bolivia…