In a unanimous decision, the tribunal - which had been constituted under the auspices
of the
World Bank's International Centre for Settlement
of Investment Disputes (ICSID) Additional
Facility Rules (the Additional
Facility)-
ruled that it lacked jurisdiction over NSPI's claims because NSPI was not an «investor» who had made a qualifying «investment» in Venezuela as called for by the Canada - Venezuela Bilateral Investment Treaty (Canada - Venezuela Treaty).