Treaty Interpretation in Investment Arbitration

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 Professor Michael Reisman, Yale Law School

Romesh Weeramantry is an Associate Professor of Law at the City University of Hong Kong. Trained as a barrister in Australia, his professional experience includes work in international arbitration, dispute resolution and public international law at the Iran-United States Claims Tribunal (The Hague), the United Nations Compensation Commission (Geneva) and at a leading Swiss law firm.
As an independent consultant, his client work has involved preparing legal opinions and memoranda for international organisations, including the United Nations Commission on Trade and Development (UNCTAD). He has also trained government officials from a number of countries on arbitration and foreign investment law. He was a founding Co-Chair of the Australasian Forum for International Arbitration (AFIA) and has been a Special Associate at the Australian Centre for International Commercial Arbitration (ACICA).