AAPL v Sri Lanka Case
- International investment law — Most-favoured-nation treatment (MFN) — International minimum standard — Damages — BITs (Bilateral Investment Treaties) — Arbitration — Interest
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1This 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 between the parties to the dispute (Investment Disputes; Investments, Bilateral Treaties); Negotiation; see also Compromis). Due to the lack of an express agreement on the choice of law, the first interesting question concerned the law applicable to the dispute. Furthermore, the meaning of the obligation to provide full...