Breaches of Contract and Breaches of Treaty - The Jurisdiction of Treaty-based Arbitration Tribunals to Decide Breach of Contract Claims in SGS v. Pakistan and SGS v. Philippines
Article from: TDM 5 (2006), in Case Comments & Awards
Foreign investments are often made through a contract between a foreign investor and an entity or instrumentality of the host State. The promotion and protection of such investments is consistent with the object and purpose of investment treaties. In numerous cases, disputes between investors and host States under investment treaties arise out of breaches of underlying contracts. Public information regarding these arbitrations is limited. A quick review of the International Centre for Settlement of Investment Disputes (ICSID) sources suggests, however, that in approximately ...