Synapse
⌘+K
Synapse
PulseExploreClubsResearchersJournals
Instagram
HomeClubsExplore
March 26, 2026

Interpretation and Scope of Consent-to-Arbitration Clauses in Investment Disputes: A Comparative Legal Analysis

View Full Paper
Ask AI
Bookmark
Share

Authors

DBDmitry Semenovich Belkin

Discussion

Loading...

Member takes

Overview

Legal analysis examines how state consent shapes dispute resolution in international investments, suggesting clarity is crucial for outcomes.

Key Points

  • The research aims to clarify the legal scope and implications of state consent in international investment arbitration.
  • Systematic review of consent modalities in investment contracts, legislation, and treaties.
  • Analysis of arbitral jurisdiction based on drafting choices.
  • Comparative observations from international and national practices, particularly in Russian cases.
  • Identified key factors affecting arbitral jurisdiction including specific drafting choices.
  • Clarified effects of most-favoured-nation clauses and fork-in-the-road provisions on disputes.
  • Concluded that precise treaty language and domestic alignment with international laws enhance legal certainty.

Cite This Study

Dmitry Semenovich Belkin (2014) studied this question.

synapsesocial.com/papers/69c4cc02fdc3bde448917508https://doi.org/10.64457/ru-science-2014-i01-a06
View Full Paper
Ask AI
Bookmark
Share

Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Incorporating Dispute Settlement Clauses in Investment Projects: Extension to Related Agreements and Implications for ICSID Jurisdiction2019
  2. 2INTER-STATE INVESTMENT DISPUTES: CONSULTATIONS, ARBITRATION, AND THE LIMITS OF DIPLOMATIC PROTECTION2013 · 5 citations
  3. 3Most-Favoured-Nation Treatment and the Jurisdiction of Investment Arbitration: Admissibility Requirements and Interpretative Criteria2015 · 6 citations
  4. 4Interpretation of the Most-Favoured-Nation Clause in Investment Treaties: Jurisdictional Limits and Public Policy2021 · 6 citations
  5. 5The Umbrella Clause in International Investment Law: Approaches in Arbitral Practice2022 · 1 citations