The UNIDROIT Principles of International Commercial Contracts and Investment Treaty Arbitration: A Limited Relationship
International and Comparative Law Quarterly | BIICL Publishing | Published : 2015
The UNIDROIT Principles of International Commercial Contracts have appeared in a small but steady trickle of investment treaty arbitrations over the last decade. This article considers the use of the Principles by investment tribunals on questions of both domestic law and international law. It suggests that reference to the Principles can play an important legitimating role on questions of domestic law, but that this should not replace reference to the applicable law. On questions of international law, reference to the Principles may be justified by resort to the general principles of law. However, the article contends that there is only a limited role for the UNIDROIT Principles where the p..View full abstract
McKenzie Fellow, Melbourne Law School, University of Melbourne, email@example.com. This article was written while the author was a Lecturer in Law at the University of Exeter. Thanks are due to Eirik Bjorge, Kubo Macak and the two anonymous reviewers for valuable comments. The author also gratefully acknowledges the support of the UK Foundation for International Uniform Law.