Arbitration, Arbitration Proceedings, BIT, International arbitration, Intra-EU BITs, Investment Arbitration, Joint Interpretation Clauses, NAFTA, Vienna Convention on the Law of Treaties
Masters of Their (Investment) Treaties? States Mutual Treaty Actions between the Law of Treaties and the Integrity of Arbitration
State parties’ “mutual actions” over a treaty – including interventions such as interpretation, modification and termination – have flourished in recent investment treaty practice. This trend brings to the fore the question of whether there are any limits to such actions, particularly due to the involvement of non-State entities, such as investors and arbitral tribunals….