The impact of dual citizenship on the fulfillment of obligations in international construction contract law

The study examines the influence of dual citizenship on the performance of contractual obligations in international construction contract law. It addresses how multiple nationalities affect jurisdictional competence, dispute resolution mechanisms, and regulatory compliance in cross‑border infrastructure projects. Focusing on construction contracts governed by both ICSID and UNCITRAL frameworks, the research analyses landmark cases—Champion Trading Co. v. Egypt, Soufraki v. UAE, Ballantine v. Dominican Republic, and KT Asia v. Kazakhstan—to illustrate divergent tribunal approaches to investor nationality and access to arbitration. Grounded in a historical‑legal and comparative‑law methodology, the paper employs case‑study analysis and doctrinal synthesis to assess treaty interpretation under lex specialis principles. It evaluates how formal criteria—such as registered seat and documented renunciation of unwanted citizenship—interact with substantive tests of effective nationality and genuine link. Key findings reveal that retention of the host‑state passport at critical dates often leads to jurisdictional exclusion under Article 25 of the ICSID Convention, whereas precise contract clauses enabling future changes of control can secure arbitration access. The author proposes a due‑diligence model incorporating pre‑contractual verification of nationality status and drafting of bespoke arbitration provisions that safeguard investor rights without compromising host‑state sovereignty. This innovative framework offers practitioners a dual strategy: formal structuring of corporate nationality alongside contractual safeguards, ensuring predictability and risk mitigation in multinational construction ventures.