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The article investigates the umbrella clause's legal nature and its implications in international investment law.

March 26, 2026

The Umbrella Clause in International Investment Law: Approaches in Arbitral Practice

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This analysis examines the umbrella clause's role in investor claims, highlighting its legal implications and interpretative models.

The article investigates the umbrella clause's legal nature and its implications in international investment law.
Examination of treaty-based versus contract-based investor claims
Analysis of arbitral practice regarding the umbrella clause
Discussion of interpretative models affecting jurisdiction
Evaluation of legal drafting and dispute settlement coherence
Identified restrictive and expansive interpretative models for the umbrella clause
Clarified factors influencing jurisdiction in investor claims
Emphasized the importance of legal certainty in treaty drafting

Dmitry Semenovich Belkin (2022) studied this question.

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