Jurisdiction Ratione Temporis: When Does Treaty Protection Apply?

An investment treaty does not confer jurisdiction over every dispute merely because arbitration is commenced while the treaty is in force. Jurisdiction ratione temporis in investment treaty arbitration determines whether the challenged State conduct and, where the treaty so provides, the dispute itself fall within the treaty’s temporal scope.

Temporal issues commonly arise, for instance, where the investment or part of the challenged conduct predates the treaty, State conduct begins before the treaty enters into force and continues afterwards, the alleged breach consists of a series of measures spanning the relevant date, the treaty excludes pre-existing disputes, or the treaty is terminated before the alleged breach.