6 Interpretation Jurisprudence Particular to Investment Arbitration

6.01 The present chapter highlights some unique or notable aspects of FIAT jurisprudence relating to the book’s subject matter. Section A explores the pre-Convention Rules formulated by the AAP tribunal. Section B examines the failure of FIATs to apply the Convention Rules or misapplications of those Rules. Section C studies the means by which FIATs interpret unilateral declarations of States consenting to ICSID arbitration. Sections D and E analyse the divergent FIAT interpretations of umbrella clauses and most favoured nation clauses. Section F draws attention...