Investor’s nationality in the practice of the international centre for settlement of investment disputes and UNCITRAL tribunals

The article analyzes investor’s nationality as the main condition of establishing jurisdiction when considering international investment disputes. The authors focus on the differences on this issue in the practice of the International Centre for Settlement of Investment Disputes and the ad hoc tribunals established under the UNCITRAL Arbitration Rules. Particular attention is paid to the scrutinizing of the dual nationality rule, including nationality of the country where an investment project is implemented, as well as the practice of determining the criteria of investing legal entity’s nationality with regard to the current international agreements on mutual protection and encouragement of investments.