CHAPTER II
Jurisdiction of the Centre
Article
25
(1)
The jurisdiction of the Centre shall extend to any legal dispute arising
directly out of an investment, between a Contracting State (or any constituent
subdivision or agency of a Contracting State designated to the Centre
by that State) and a national of another Contracting State, which the
parties to the dispute consent in writing to submit to the Centre. When
the parties have given their consent, no party may withdraw its consent
unilaterally.
(2)
"National of another Contracting State" means:
(a)
any natural person who had the nationality of a Contracting State other
than the State party to the dispute on the date on which the parties
consented to submit such dispute to conciliation or arbitration as well
as on the date on which the request was registered pursuant to paragraph
(3) of Article 28 or paragraph (3) of Article 36, but does not include
any person who on either date also had the nationality of the Contracting
State party to the dispute; and
(b) any juridical person which had the nationality of
a Contracting State other than the State party to the dispute on the
date on which the parties consented to submit such dispute to conciliation
or arbitration and any juridical person which had the nationality of
the Contracting State party to the dispute on that date and which, because
of foreign control, the parties have agreed should be treated as a national
of another Contracting State for the purposes of this Convention.
(3) Consent by a constituent subdivision or agency of a
Contracting State shall require the approval of that State unless that
State notifies the Centre that no such approval is required.
(4) Any Contracting State may, at the time of ratification,
acceptance or approval of this Convention or at any time thereafter, notify
the Centre of the class or classes of disputes which it would or would
not consider submitting to the jurisdiction of the Centre. The Secretary-General
shall forthwith transmit such notification to all Contracting States.
Such notification shall not constitute the consent required by paragraph
(1).
Article 26
Consent
of the parties to arbitration under this Convention shall, unless otherwise
stated, be deemed consent to such arbitration to the exclusion of any
other remedy. A Contracting State may require the exhaustion of local
administrative or judicial remedies as a condition of its consent to arbitration
under this Convention.
Article
27
(1)
No Contracting State shall give diplomatic protection, or bring an international
claim, in respect of a dispute which one of its nationals and another
Contracting State shall have consented to submit or shall have submitted
to arbitration under this Convention, unless such other Contracting State
shall have failed to abide by and comply with the award rendered in such
dispute.
(2)
Diplomatic protection, for the purposes of paragraph (1), shall not include
informal diplomatic exchanges for the sole purpose of facilitating a settlement
of the dispute.