Keywords
investment arbitration
investor – state arbitration
jurisdictional clause
investment treaties
BIT
treaties authenticated in two or more languages
How to Cite
Abstract
The presented article identifies and offers solutions to problems related to interpretation of international investment treaties, which have been authenticated in two or more languages. It focuses on situations when the provisions of investment treaties cause interpretational doubts because their wording is not identical in the official languages of the particular treaty. The scope of the analysis is narrowed down to the provisions concerning the jurisdiction of tribunals, which is justified due to practical implications of jurisdictional considerations in the course of arbitral proceedings. The first part of the article explains relevant applicable general principles of treaty interpretation as expressed in the 1969 Vienna Convention on the Law of Treaties. The second part is a case study, which analyses the problems faced by tribunals in the Kilic Insaat v. Turkmenistan, Berschader v. Russia and Daimler v. Argentina cases. The conclusions presented in the article may serve as a tool in the practice of investor – state arbitration, when implementation of specific provisions of international investment treaties occurs in the course of arbitral proceedings.
Funding
The author is a recipient of the scholarship granted by the Adam Mickiewicz University Foundation. The article is part of the project financed from funds received from the National Science Centre Poland
granted on the basis of decision number DEC-2012/07
References
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Vienna Convention on the Law of Treaties, done in Vienna on 23 May 1969.
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