Arbitral Awards As Investments ― Treaty Interpretation and the Dynamics of International Investment Law

International Arbitration Law Library Series Volume 39

Arbitral Awards as Investments analyzes the treatment of arbitral awards as investments within international investment law. The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of tribunals’ approaches to this question to date and examines the interpretative outcomes.

What’s in this book:

In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions:

• What is the foundation of interpretation in public international law and when is it adequately carried out?
• Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts?
• Is there a trend of convergence of commercial and investment arbitration?
• Do respective interpretative outcomes stem from adequate interpretation?
• What are the ramifications, if interpretation is not fully adequate?
• What are the feasible routes to greater interpretive discipline?

The analysis concentrates on which aspects of international investment law influence the interpretive process and identifies feasible routes to improved interpretive discipline while being mindful of the underlying public international law principles, such as state sovereignty. Furthermore, the nature of state responsibility in treaty negotiations, and that of arbitrators in the interpretive process, and the public interest element involved in international investment arbitration are discussed.

How this will help you:

This book is the first of its kind to provide a commentary on the qualification of arbitral awards as investments. Its clear explanation of the practical relevance of treaty interpretation helps to draft and interpret investment treaty provisions with full awareness of the various options available. This book serves as a springboard to understand the interpretive underpinnings and to formulate measures to address such possible insufficiencies. International tribunals, counsel and sovereign entities responsible for investment regulation will thus find this book to be especially useful.

Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.