Treaty-Based Jurisdiction: Broad Dispute Resolution Clauses
Article from: TDM 5 (2005), in Investor-State Disputes - International Investment Law
Introduction
What is the effect of broadly phrased dispute resolution clauses contained in investment protection treaties that provide that "any" or "all" disputes "with respect to," "relating to" or "concerning" investments between a Contracting Party to the treaty and an investor of the other Contracting Party can be submitted to international arbitration? In particular, does the jurisdiction of an arbitral tribunal constituted on the basis of an investment protection treaty extend, under such clauses, to breaches of an investment contract is such jurisdiction limited to violations ...