Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue

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Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue

By Yuliya Chernykh
Brill Nijhoff February 2022

Specifications

ISBN-13
9789004414679
Publisher
Brill Nijhoff
Publication
February 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Table of Contents

Foreword
Acknowledgements
List of Figures and Tables
Abbreviations
Introduction
Part 1: Setting the Scene
1. Overview of Contract Interpretation in Investment Treaty Arbitration
Part 2: Defining a Relevant Legal Frame
2. National Laws and Contract Interpretation
3. International Law and Contract Interpretation
Part 3. Enabling National Law
4. The Power of Treaty-Based Tribunals to Interpret Contracts
5. Contract Interpretation as the Incidental Issue
General Conclusion
Future Research
Annexes:
Annex I. All Known Treaty-Based Cases as of 30 January 2019
Annex II. Cases Excluded from Assessment (Publicly Unavailable Awards and Decisions, or Available Awards and Decisions in Languages Other than English or Russian)
Annex III. Cases with Publicly Available Awards and Decisions in English or Russian Language (the Basis for Assessment)
Annex IV. Cases with Elements of Contract Interpretation
Annex V. Cases with the Application of National Law to Contract Interpretation (Interpretative Rules of National Laws)
Annex VI. Cases with the Application of National Law to Contract Interpretation (Interpretation in Light of Various Other Rules of National Laws)
Annex VII. Model BITS as of 30 January 2019
Annex VIII. List of Analysed BITS
Annex IX. Provisions of Some Relevance for Contract Interpretation in the Selected Uniform Private Law Conventions
Annex X. IIAS with Reference to Conflict of Laws of the Host State
Bibliography
Index
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