On jurisdiction, in treaty arbitration,
We readily argue—without hesitation!
Though we all admit
That you need a BIT
Lest you concoct some weird aberration.
Besserglik v Mozambique, ICSID Case No. ARB(AF)/14/2
(For those who do not deal with investment treaty claims on a daily basis, this was the case where the Tribunal found—five years after the case had been registered with ICSID—that the BIT on which the case was based never actually entered into force.)
Since jurisdiction is often coextensive
Certain tribunals can get quite defensive
But they might get finicky
And then invoke comity
Thus making some counsel apprehensive.
There once was an ad hoc tribunal
Not keen on the interest communal
But his highness Dupuy
Penned awards as he saw fit
And with consequences monsoonal.
Texaco v Libya (1977) 53 ILR 289
It took a sweaty descent from Mount Sinai
With the weight of the Tablets of Stone
For old Moses to finally figure
A Westlaw subscription
Made sense after all.