ICSID Tribunal finds it lacks jurisdiction under ICSID’s Additional Facility Rules and it cannot expand a consent to arbitration by resorting to an MFN Clause in a Third Country BIT

The Arbitral Tribunal concluded that it lacked jurisdiction over claims by three Kimberly-Clark subsidiaries because Venezuela had not consented to arbitration under ICSID’s Additional Facility Rules and that it cannot expand a consent to arbitrate by invoking more favourable provisions contained in BITs signed with third countries. The claims related to Venezuelan government’s decision to order “the immediate occupation” of the Claimants’ factory in northern Aragua in July 2016.