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Max Planck Encyclopedia of Public International Law [MPEPIL]

AAPL v Sri Lanka Case

Irmgard Marboe

Subject(s):
International investment law — International minimum standard — Most-favoured-nation treatment (MFN) — BITs (Bilateral Investment Treaties) — Arbitration — Damages — Interest, rate of

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 This arbitration is the first in which the jurisdiction of the International Centre for Settlement of Investment Disputes (ICSID) was based directly upon a bilateral investment treaty (‘BIT’) and not on a negotiated arbitration agreement concluded directly between the parties to the dispute ( Investment Disputes ; Investments, Bilateral Treaties) ; Negotiation ; see also Compromis ). . Due to this lack of an express agreement by the parties, there was no opportunity to agree on the choice of law. Therefore, the first interesting question concerned the law...
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