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- Title
El Paso v Argentine Republic: UNIDROIT Principles of International Commercial Contracts as a reflection of ‘general principles of law recognized by civilized nations’ in the context of an investment treaty claim.
- Authors
Steingruber, Andrea Marco
- Abstract
The International Institute for the Unification of Private Law’s Principles of International Commercial Contracts (PICC) are intended--as their name suggests--to be general rules for international commercial contracts. Yet Michael J. Bonell has recently discussed, in the Uniform Law Review, their usefulness in the ambit of long-term investment contracts. A further interesting development-and this is the topic of this article--is the use of the PICC by an International Centre for Settlement of Investment Disputes Arbitral Tribunal in El Paso Energy International Company v Argentine Republic--an arbitration in which the Tribunal had to decide a treaty claim (in relation to a breach of the fair and equitable treatment standard).1 In fact, a State may breach an investment treaty without breaching an investment contract.
- Subjects
INTERNATIONAL Institute for the Unification of Private Law; CONTRACTS (International law); INVESTMENT laws
- Publication
Uniform Law Review, 2013, Vol 18, Issue 3/4, p509
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unt024