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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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Babel and BITs

Babel and BITs

Divergence Analysis and Authentication in the Unusual Decision of Kiliç v Turkmenistan

Chapter:
(p.407) 25 Babel and BITs
Source:
Practising Virtue
Author(s):

Mahnoush H Arsanjani

W Michael Reisman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198739807.003.0026

This chapter explores the varied interpretive approaches of international courts and tribunals when faced with different language versions of treaties that are amenable to different, and often conflicting, interpretations. Focusing on the recent investment treaty decision in Kiliç v Turkmenistan, it analyses the errors committed by the tribunal in its interpretation of apparently incompatible translations of the Turkey-Turkmenistan Bilateral Investment Treaty, thus violating under Article 33 of the Vienna Convention on the Law of Treaties.

Keywords:   international courts, tribunals, treaty interpretation, Kiliç v Turkmenistan, Turkey-Turkmenistan Bilateral Investment Treaty, investment treaty arbitration

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