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

Arbitration / Mediation / Litigation › Contract Law › Litigation & Dispute Resolution

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
HKD 2,646.70

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Arbitration / Mediation / Litigation

View all
The Legal, Real and Converged Interest in Declaratory Relief
Kluwer Law International

The Legal, Real and Converged Interest in Declaratory Relief

Beata Gessel-Kalinowska vel Kalisz
HKD 1,609.46
Corruption in International Arbitration
Wildy, Simmonds and Hill Publishing

Corruption in International Arbitration

Inan Uluc
Collection of ICC Arbitral Awards 1974-1985
Kluwer Law International

Collection of ICC Arbitral Awards 1974-1985

Sigvard Jarvin; Yves Derains
HKD 3,501.71
Dossier V: Interest, Auxiliary and Alternative Remedies in International Arbitration
International Chamber of Commerce_

Dossier V: Interest, Auxiliary and Alternative Remedies in International Arbitration

The ICC Institute of World Business Law
HKD 950.00
Yearbook Commercial Arbitration Volume XXVI - 2001
Kluwer Law International

Yearbook Commercial Arbitration Volume XXVI - 2001

Albert Jan van den Berg
HKD 3,267.62
Judicial Involvement in Arbitration: Arbitral Tribunals, State Courts, and Jurisdictional Issues Pre-order
Kluwer Law International

Judicial Involvement in Arbitration: Arbitral Tribunals, State Courts, and Jurisdictional Issues

Nicolas Curchod
HKD 1,716.75