An Investor other than a natural person which has the nationality of a Contracting Party party to the dispute on the date of the consent in writing referred to in paragraph (4) and which, before a dispute between it and that Contracting Party arises, is controlled by Investors of another Contracting Party, shall for the purpose of article 25(2)(b) of the ICSID Convention be treated as a “national of another Contracting State” and shall for the purpose of article 1(6) of the Additional Facility Rules be treated as a “national of another State”.
Award, 23 September 2010, paragraphs 6.1.6
Eskosol S.p.A. in liquidazione v. Italian Republic, ICSID Case No. ARB/15/50
Decision on Respondent's Application under Rule 41(5), 20 March 2017, paragraphs 87-89; 101-102