Treaty and Contract in Investment Arbitration

Abstract

This article addresses one of the most controversial issues in international investment law: the relationship between BIT claims and contractual claims. The author proposes an integrationist approach, which seeks to reconcile the opposing views and jurisprudence on the subject. This approach is developed within the framework of international law, from which the author distils five relevant principles. The arbitral and academic disagreement on the topic is discussed in the context of three different fields: contractual claims and counter-claims, umbrella clauses, and the role of legitimate expectations in the application of the fair and equitable treatment standard.

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