Lunch seminar with Yuliya Chernykh
Contracts are relevant, frequently central, for a significant number of investment treaty disputes. Yet, the way tribunals ascertain their content remains largely in the shadow. While interest in treaty interpretation continues to grow, contract interpretation, as a part of decision-making, remains greatly underexplored in investment treaty arbitration.
The project investigates the entire spectrum of contract interpretation in investment treaty arbitration regardless of contracts being investment contracts or not. It attempts to offer a one-stop comprehensive analysis on the ascertaining of the content of contractual provisions in the decision-making of treaty-based tribunals.
Empirically, the project sets the scene for what does not come to be immediately apparent – an entire landscape of contract interpretation in investment treaty arbitration. A look at this landscape reveals that tribunals engage with a broad spectrum of contracts for solving rather specific questions in relation to their jurisdiction, the application of substantive treaty provisions or for deciding on various procedural and factual implications of contracts. The interpretative efforts of treaty-based tribunals seem to be informed by a variety of considerations with rather rare reliance on municipal law (or the proper law of a contract). Normatively, or dogmatically, the work conceptualises contract interpretation in investment treaty arbitration, engages with tribunals’ interpretative power and further suggests a theoretical construction for giving to municipal law full effect in contract interpretation.
All interested are welcome to attend. Registration is not necessary.
Feel free to bring your own lunch bag.