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As this condition is met, the Tribunal has jurisdiction over KCN’s claims. KCN contends that the current excellent tense “directs the interpreter to establish on the time of studying the outcomes of that clause”, and that the result of “becoming a Contracting State” is “being a Contracting State”. The Dutch version expressly allows Dutch investors to provoke an arbitration under the AF Rules if Venezuela isn’t a Contracting State to the Convention.109 Even if the English and Spanish versions use the present good as a substitute of the present tense, the jurisdictional take a look at is identical despite grammatical differences and the three versions of the BIT share the same which means. Therefore, the Tribunal ought to assess whether or not Venezuela was a Contracting State when KCN initiated this arbitration. The divergence facilities on whether or not Venezuela’s supply to arbitrate underneath the AF Rules was restricted to the pre-ICSID period, i.e., the interval until Venezuela acceded to the ICSID Convention, or whether it applies at any time when Venezuela isn’t an ICSID Contracting Stat By distinction, KCN submits that Article 9 requires the Tribunal to discover out whether or not Venezuela was a Contracting State, not at some time, but at the time when it filed its Request for Arbitration.

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