Treaty Interpretation and Investment Treaty Disputes
Event Details
On 3 December, the Investment Treaty Forum and Volterra Fietta will co-host an event on Treaty Interpretation and Investment Treaty Disputes.
Investment treaties are inter-State agreements based on and governed by public international law. Treaties are not "more or less like contracts" and the public international law of treaty interpretation is not like domestic laws of contract interpretation. Investment treaty arbitration is procedurally similar but substantively different from commercial arbitration. The key to success in most BIT disputes is presenting a cogent and tenable public international law interpretation of the language in a specific section of a BIT. This applies equally to jurisdiction, liability and compensation issues. The speakers at this event are specialist lawyers who will share their experiences about how treaty interpretation applies in investor-State disputes and what States, investors and their counsel can do about it.
Particular attention will be paid to the application of Articles 31 to 33 of the Vienna Convention on the Law of Treaties, including the scope of consent to arbitration, the content of substantive protection standards such as fair and equitable treatment, and the interpretation of older-generation treaties and regional investment instruments. The discussion will also address the use of joint interpretative statements and treaty-party submissions, the relevance of subsequent practice and other applicable rules of international law, including the ILC Articles on State Responsibility, together with their implications for predictability, treaty drafting and ongoing reform efforts.
Pricing and Registration
Registration will be open soon, please save the date.
