Jurisdiction Over "Contract Claims" in Treaty-Based Investment Arbitration on the Basis of Wide Dispute Settlement Clauses in Investment Agreements
Article from: TDM 5 (2007), in Investor-State Disputes - International Investment Law
In treaty-based investment arbitration (mostly proceedings based on bilateral investment treaties, BITs), the question is often raised whether arbitration tribunals enjoy jurisdiction regarding claims based on contractual relationships between an investor and his host state. Contrary to treaty claims, such as claims based on violations of the fair and equitable treatment standard or the duty to provide for full protection and security to investors, jurisdiction over contract claims specifically needs to be provided for in the investment treaty. Whether this is the case is of ...