Abstract

Neither scholars nor the ICSID tribunals have been uniform regarding the standard of interpretation applicable to consent in investment arbitration. The different types of manifestation of State consent have caused a certain degree of confusion regarding the applicable standards of interpretation. Some ICSID tribunals have determined the rules of interpretation based on the nature of the public or private instruments containing them (i.e. a treaty, a domestic law, arbitration clause). This article is a modest attempt to question the cutting apart of the arbitration agreement by ...