The Jurisdiction Ratione Temporis of International Investment Tribunals: Some Observations on the Decision of the Tribunal in Ping An v Belgium
2016(2) b-Arbitra – Belgian Review of Arbitration (2016), 139-149
Grotius Centre Working Paper 2017/062-IEL
12 Pages Posted: 30 Jun 2017
Date Written: June 28, 2017
The 30 April 2015 Award in Ping An Life Insurance Company of China, Limited and Ping An Insurance (Group) of China, Limited v Kingdom of Belgium concluded the first investment treaty arbitration brought against Belgium. The Tribunal upheld Belgium’s objection to jurisdiction ratione temporis. The dispute and the Tribunal’s decision on jurisdiction raise interesting questions about temporal jurisdiction of investment treaty tribunals and treaty interpretation. This note will first give a short factual background of the case and a brief overview of the main claims. After highlighting the key considerations of the Tribunal, it will then offer some comments on the findings of the Tribunal.
Keywords: investment law, arbitration, jurisdiction, ratione temporis
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