Authors: Henrique Carneiro* Jurisdiction: International Topics: Umbrella Clauses Investment Arbitration Introduction For decades, arbitral tribunals and legal commentators have debated about the proper way to interpret the...
...Siemens tribunal, took a different position in Wintershall than he did in in Daimler, and provided a separate opinion to explain his “change of heart.”[48] Similarly, umbrella clauses are used...
...Martin Dietrich Brauch, Exhaustion of Local Remedies in International Investment Law, IISD Best Practice Series 2, https://www.iisd.org/system/files/publications/best-practices-exhaustion-local-remedies-law-investment-en.pdf; Christoph Schreuer, Travelling the BIT Route of Waiting Periods, Umbrella Clauses and Forks...
...Right Convention. Umbrella clauses allow investors to invoke the stabilization clause from BIT with the host state and proceed directly to international arbitration. BITs can ensure the effectiveness of the...
...and security; and umbrella clauses. Along with these standards, these BITs are comparable in terms of the similar substantive and procedural rights they guarantee. For instance, many of Nigeria’s BITs...
...expanded the universe of disputes that can now be submitted to international arbitration, including purely contractual claims if seen in light of the umbrella clauses… Download Full PDF *Arbitral &...
This website uses cookies as well as similar tools and technologies to understand visitors' experiences. By continuing to use this website, you consent to Columbia University's usage of cookies and similar technologies, in accordance with the Columbia University Website Cookie Notice.OkColumbia University Website Cookie Notice