Journal Article

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

Andrea Marco Steingruber

in Uniform Law Review

Volume 18, issue 3-4, pages 509-531
Published in print December 2013 | ISSN: 1124-3694
Published online November 2013 | e-ISSN: 2050-9065 | DOI: https://dx.doi.org/10.1093/ulr/unt024
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

More Like This

Show all results sharing this subject:

  • Private International Law and Conflict of Laws

GO

Show Summary Details

Preview

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.

Journal Article.  10846 words. 

Subjects: Private International Law and Conflict of Laws

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content. subscribe or login to access all content.