Thursday, November 8, 2012

Umbrella clause claim fails where contractual party's conduct not attributable to state (ICSID)


In Bosh International Inc and another v Ukraine (ICSID Case No ARB/08/11), an ICSID tribunal considered whether the umbrella clause in the US/Ukraine bilateral investment treaty (BIT) extended to cover alleged breaches of a contract to which the Ukraine was not a party.

Continue reading here: PLCarbitration

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