The "Umbrella" (or Sanctity of Contract/Pacta sunt Servanda) Clause in Investment Arbitration: A Comment on Original Intentions and Recent Cases
Article from: TDM 4 (2004), in Case Comments & Awards
Introduction
The extent to which customary law (in the past) and modern investment treaties (bilateral/multilateral) at present protect contracts concluded with the state and its attributed entities has been controversial in the past and continues to be so. The issues relate to substantive law (To which extent is international and treaty-based law applicable to such contracts? To which extent is domestic law relevant for the application of international law?) and to procedural law (What is the relationship between treaty-based international arbitration and other jurisdiction based on ...