Dual Nationality in BIT’s silence: a note on Romero Barst et al. v. Ecuador/ Doppia nazionalità nel silenzio del trattato bilaterale appli- cabile: nota al caso Romero Barst ed altri contro Ecuador

The present Note analyses the arbitral award in the case Santiago Romero Barst et al. v The Republic of Ecuador. The claims by the investors, two individuals having both Italian and Ecuadorian nation- alities, were dismissed on jurisdictional grounds by reason of the application of the principle of dom- inant and effective nationality that excluded the protection of their investment under the BIT between Italy and Ecuador. Additionally, the majority of the tribunal found reliance on their Italian nationality in order to resort to arbitration under the Treaty constitutes an abuse of rights.