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The status of one claimant as an offshore company was irrelevant for the purposes of ICSID jurisdiction
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Incorporation of investor after conclusion of investment agreement was not a bar to ICSID jurisdiction
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Tribunal examined the existence of a legal dispute ex officio
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Agreement to treat local company as foreign because of foreign control should normally be explicit, but implied agreement is acceptable in specific circumstances
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State accession to ICSID Convention after conclusion of the arbitration agreement did not bar jurisdiction
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Tribunal agreed that the request for arbitration had been validly registered, but still found non-compliance with ICSID Institution Rules
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Attorney-General’s institution of local injunction proceedings did not constitute state’s consent to arbitrate
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Tribunal analyzed the designation of constituent subdivisions and agencies to ICSID, but found no such designation in the case of NIA
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Tribunal saw no evidence of the federal state’s involvement in the agreement
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Background: State’s refusal to increase cable tv rates led to ICSID arbitration
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