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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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Reporting from the Arbitral Shop-Floor

Reporting from the Arbitral Shop-Floor

Treaty Interpretation in Practice

Chapter:
(p.425) 26 Reporting from the Arbitral Shop-Floor
Source:
Practising Virtue
Author(s):

Kaj Hobér

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0027

This chapter presents a case study based on the investment treaty arbitration Millicom v Senegal. It reflects on the interpretive dilemmas faced by that tribunal due to an ambiguously worded investment treaty, in particular with regard to a jurisdictional clause that appeared to require an additional act of consent by the host state. The analysis shows how the tribunal dealt with each of those dilemmas, and arrived at a consensus judgment by applying the Vienna Convention on the Law of Treaties.

Keywords:   investment treaty arbitration, Millicom v Senegal, treaty interpretation

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