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Right to claim under ICSID Convention entails unavailability of diplomatic protection
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While formalism should not stand in the way of finding jurisdiction, this principle could not remedy a lack of consent to arbitrate
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Effet utile cannot salvage ineffective arbitration clause
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Original investor could not transfer right to claim, since such right never existed in the first place
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ICSID jurisdiction must exist both at the time of consent and at the time when the claims were lodged
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Background: Gold mining licences are revoked, and investment changes hands before filing of claim
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