State Contracts and International Arbitration

Zachary Douglas

DR011 | Autumn | 6ECTS
 

There is a close relationship between the substantive rules applicable to disputes arising out of investment contracts between States and foreign nationals and the existence of arbitration as a procedural mechanism for resolving such disputes. Whether or not the international contract can be 'stabilised' in order to insulate it against subsequent changes in the State's national law, for instance, depends to a large extent on whether the parties to the contract have agreed to international arbitration. This course provides an introduction to international arbitration and to the structure of a particular type of investment contract (a production sharing agreement) before exploring the principles of private international law, transnational law and international law that may apply in resolving disputes concerning state contracts.