Kluwer: Passport Control: New Developments on the Investment Protection Rights of Dual Nationals

Published on September 5, 2025

During the last decade, there has been significant debate about whether investors holding the nationality of the host State may bring an investment treaty claim invoking the nationality of another State. Within the ICSID framework, the question is largely settled: Article 25.2(a) of the ICSID Convention expressly precludes dual nationals, where one nationality is that of the host State, from submitting claims.