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The Interpretive Practice of International Investment Arbitral Tribunals

The Interpretive Practice of International Investment Arbitral Tribunals

Author: Claudia Salgado Levy
Publisher: Kluwer Law International
ISBN: 9789403547398
Published In: December 2025
Format: Hardback , 403 pages
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Interpretative Practice of International Investment Arbitral Tribunals is a far-reaching work that explores how investment arbitral tribunals accomplish their task of interpreting the different rules of law within the international investment framework, and how they address the interpretative problems they face. Legal interpretation is crucial to striking the right balance between what a norm is – or should be – and its meaning as applied in a concrete case. Given the complex hybrid nature of investor-State arbitration, the act of interpretation acquires particular significance.

What’s in this book:

In its expansive coverage of the interpretative practice of international investment arbitral tribunals, the following has been provided by the author:

in-depth analysis of how investment arbitral tribunals interpret multiple sources of law, including treaties, customary international law, general principles, national laws, contracts, and transnational law
critical evaluation of the interpretative methods used by tribunals, highlighting their strengths in protecting foreign investments and their limitations in promoting a cohesive investment law regime, and
exploration of the self-imposed interpretative limitations of arbitral tribunals, encompassing their reliance on de facto precedents, their duty to ensure the enforceability of awards, and their awareness of the risk of annulment for misinterpretation of the law

An extensive review of relevant arbitral awards, jurisprudence, and case studies illustrates how tribunals navigate legal sources. The author also examines possible reasons for tribunals’ interpretative flexibility and indicates the limitations to their interpretative exercise.

How this will help you:

With its insights into how tribunals’ interpretative choices influence the consistency, legitimacy, and predictability of the investment arbitration system, this book will serve as an aid to legal practitioners and scholars to comprehend the complexities and challenges faced by investment arbitral tribunals, thus enabling an anticipation of the scope and limits of arbitral interpretative reasoning. It offers a major contribution to the ongoing debate on the development of a cohesive and predictable international investment law framework by revealing how interpretation shapes legal outcomes.

Introduction

PART I. The Interpretative Practice of Investment Arbitral Tribunals Regarding Rules of International Law

CHAPTER 1. The Investment Treaty Itself as the Main Object of Interpretation

CHAPTER 2. Interpretation of Customary International Law by Investment Tribunals

CHAPTER 3. General Principles of International Law as Applied by Investment Tribunals

PART II. Interpretative Practice of Investment Arbitral Tribunals Regarding Other Legal Rules

CHAPTER 4. The Interpretation of National Laws

CHAPTER 5. The Contract as the Object of Interpretation

CHAPTER 6. The Interpretation of Transnational Rules

PART III. Evaluation of the Interpretative Practice of Investment Arbitral Tribunals

CHAPTER 7. Possible Explanations for Investment Tribunals’ Flexibility in the Choice of Interpretative Methods and Techniques

CHAPTER 8. Limitations to the Interpretative Exercise of Investment Arbitral Tribunals