Intertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunals

Posted: 9 Sep 2014 Last revised: 20 Jul 2015

See all articles by James D. Fry

James D. Fry

The University of Hong Kong - Faculty of Law

Odysseas G. Repousis

Quinn Emanuel Urquhart & Sullivan LLP

Date Written: September 5, 2014

Abstract

This article is divided into five parts, including this brief introduction and an equally brief conclusion in Parts I and V, respectively. Part II examines the specific ways to interpret, amend and terminate international investment agreements indicating how they are unique as well as similar to the generic ways to interpret, amend and terminate treaties, since international investment agreements are proprio motu treaties. Part III examines consent to arbitration and its effects on the amendment or termination of international investment agreements. Part IV places specific emphasis on the inter-temporal principle of international law, which is used to corroborate the thesis that states can amend and terminate international investment agreements but they cannot revoke the jurisdiction of an arbitral tribunal once the investor has consented to arbitration.

Keywords: international investment law, investment arbitration, termination of investment treaties, joint interpretation, intertemporality, inter temporal principle, Vienna Convention

Suggested Citation

Fry, James D. and Repousis, Odysseas G., Intertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunals (September 5, 2014). 31(2) Arbitration International 213 (2015); University of Hong Kong Faculty of Law Research Paper No. 2014/032. Available at SSRN: https://ssrn.com/abstract=2492258

James D. Fry (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01244

Odysseas G. Repousis

Quinn Emanuel Urquhart & Sullivan LLP ( email )

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