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Siag v. Egypt

Type of decisionDecision on Jurisdiction
Date of decision11 April 2007
Tribunal
David A. R. Williams (President)
Francisco Orrego Vicuña
Michael Pryles
Legal instrumentBIT between Egypt and Italy (1989)
Further information

Statements from this decision

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Where the IIT makes reference to national law in order to define nationality considerations of the effectiveness of the nationality do not apply
At the jurisdictional stage, a tribunal must establish whether the facts alleged by the claimant, if established, are capable of coming within those provisions of the IIT which the claimant has invoked
No foreign origin requirement is imposed by Article 25 ICSID-Convention
The state’s domestic law determines nationality; international law, however, sets limits on the power of a state to confer nationality
The regime established under Article 25 ICSID Convention does not leave room for a test of dominant or effective nationality
Article 25 (2)(a) ICSID Convention provides for a positive and a negative nationality requirement
All that is required is that the nationality requirement is fulfilled regarding the date of consent and the date of registration, no continuous nationality requirement is provided for

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