Gli effetti della denuncia della Convenzione ICSID sul consenso all'arbitrato in materia di investimenti

This article examines whether and to what extent the denunciation of the ICSID Convention may affect the consent to the jurisdiction of the Centre provided for in bilateral investment agreements, national legislation and investment contracts. It highlights the weak premises of the current debate on this topic - starting from the sometimes-misleading distinction between mutual and unilateral consent - and provides a different approach based on the interpretation of Article 72 of the Convention in conjunction with the relevant legal instruments by which States give their consent to arbitration. With particular regard to consent to the jurisdiction of the Centre expressed through bilateral investment treaties, the author submits that denunciation may not have the effect of releasing the State from the obligations under the Convention arising out from this consent if the dispute concerns investments made prior to the date of ICSID denunciation.