Two Nebulous ICSID Features: The Notion of Investment and the Scope of Annulment Control – Ad Hoc Committee’s Decision in Patrick Mitchell v. Democratic Republic of Congo

Abstract

More than forty years after the conclusion of the Convention on the Settlement of Investments Disputes between States and Nationals of Other States, a number of rules concerning the jurisdiction of ICSID tribunals and the nature of ICSID’s internal annulment mechanism control remain controversial. The Patrick Mitchell v. Democratic Republic of Congo ad hoc committee decision addressed two much-debated ICSID arbitration issues: first, the definition of investment under the Convention; and second, the scope of the review to be carried out by ICSID ad hoc committees.