Treaty Interpretation in Investment Arbitration Oxford International Arbitration Series

The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _

1. Overview. 2. Treaty Interpretation. 3. The General Rule of Treaty Interpretation. 4. Supplementary Means of Interpretation. 5. Other Means of Interpretation. 6. Interpretation Issues Particular to Investment Arbitration. 7. Conclusions. Appendices. I. Investment Arbitration Treaty Interpretation Practice Table. II. Analytical Table of Treaty Interpretation Practice. III. Comparison between Articles 27-29 of the 1966 ILC Draft and Articles 31-33 of the Vienna Convention. IV. Comparative Table of Draft Treaty Interpretation Rules. V. Umbrella Clause Comparative Table. VI. Selected ICJ Pronouncements Confirming Customary Status of the Convention Rules. VII. Other Selected International Decisions Confirming Customary Status of the Convention Rules. VIII. Selected Domestic Court Decisions Confirming Customary Status of the Convention Rules.

Romesh Weeramantry is a Foreign Legal Consultant in the Hong Kong office of Clifford Chance and an Adjunct Professor at the University of Hong Kong. He specialises in complex arbitrations involving cross-border commercial or joint venture disputes and investment treaty claims. His publications include Treaty Interpretation in Investment Arbitration (OUP 2012); International Commercial Arbitration: An Asia- Pacific Perspective (CUP 2011). He is an editor of The Hong Kong Arbitration Ordinance: Commentary and Annotations (Sweet and Maxwell 2011); the Asian Dispute Review; and the Hong Kong White Book Arbitration and ADR volume. He is also a member of the editorial board of the ICSID Review.