Note & Comment, Contract Claims vs. Treaty Claims: Mapping Conflicts Between ICSID Decisions on Multisourced Investment Claiims
By Yuval Shany, February 8, 2012
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This Note analyzes three important cases to detail the inconsistent approaches taken by international arbitrators when delineating the relationship between private investment contracts and international investment agreements. Because of this inconsistency, there exists confusion in the areas of law and procedure when arbitrating international investment disputes. The author also extends this inconsistency in order to reflect on theoretical questions pertaining to the makeup of international investment law.
