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This article discusses the study of the parties into ICSID arbitration, in the first place, investors and states as the disputing parties in arbitrations on investment and, secondly, the called Amici Curiae, who act as third parties within these procedures. The author analyzes conditions to be met by each one of these individuals in order to access into ICSID jurisdiction, and through review of existing arbitral decisions on the matter, not always coincide and uniform, identifies major trends that courts follow today. [ABSTRACT FROM AUTHOR]

This article analyses how the fair and equitable standard is applied by international tribunals from the interpretation of the clauses of the bilateral investment treaties, establishing a tension with the notion of regulation, as States police power on the economic activities within their territories. We try to show how international tribunals deal with this tension defining limits to the States powers and fixing the scope to the standard. This article is the first part of the study mentioned above, and the second section will address the Arbitration Court's judicial decisions within the North American Free Trade Agreement. [ABSTRACT FROM AUTHOR]

The term investor is inexorably linked to the concept of nationality. Although public international law has established clear and mandatory criteria to determine the effectiveness of nationality, ICSID arbitral tribunals have disregarded such criteria and have rather adopted a pro-arbitration approach inconsistent with the general principles of international law and the very same scope of the ICSID Convention. [ABSTRACT FROM AUTHOR]