THE DISTINCTION BETWEEN TREATY CLAIMS AND CONTRACT CLAIMS

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LABBANI MOTLAGH MOHAMMAD SADEGH; GHANAVATI JALIL

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Journal: Comparative Law Researches Year:2016 | Volume:19 | Issue:2 Page(s): 119-141

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Title

THE DISTINCTION BETWEEN TREATY CLAIMS AND CONTRACT CLAIMS

Author(s)

LABBANI MOTLAGH MOHAMMAD SADEGH | GHANAVATI JALIL | Issue Writer Certificate

Keywords

CONTRACT CLAIMSQ2

TREATY CLAIMSQ2

COMPETENCEQ2

JURE IMPERIIQ2

JURE GESTIONISQ2

IMMUNITYQ2

UMBRELLA CLAUSEQ2

ARBITRATION AWARDSQ1

PRIMA FACIE CRITERIAQ2

Abstract

The conclusion of investment treaties between states, given the nature of national law and international law, is a new string of discussions between arbitrators and lawyers, which has created some of the issues that do not comply with the rules of the classical national law and international law. Conclusion of two separate but simultaneous agreements, the treaty between the state-state, and between the state-investor on the subject of separation and recognition of the contractual claims, and the TREATY CLAIMS (considering the effects of determination of the applicable law and the COMPETENCE of tribunals) have created considerable importance for the host states, exporting capital states, investment companies and arbitrators. In fact, separation of claims arising out the contract or the treaty not only, in case, makes the domestic courts or international tribunals to be qualified, but also affects on the law governing the dispute based on domestic law or international law principles.Therefore, several criteria have been considered for separation of disputes. Currently the most famous is still the classic standard of JURE IMPERII and JURE GESTIONIS. It is also true in the subject of competent jurisdiction regarding the criteria for which shall the tribunal refer to the stage to accept or decline jurisdiction, whether the plausibility of claimant’s claim is sufficient or shall be considered the PRIMA FACIE CRITERIA.

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APA: Copy

LABBANI MOTLAGH, MOHAMMAD SADEGH, & GHANAVATI, JALIL. (2016). THE DISTINCTION BETWEEN TREATY CLAIMS AND CONTRACT CLAIMS. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 19(2), 119-141. SID. https://sid.ir/paper/94186/en

Vancouver: Copy

LABBANI MOTLAGH MOHAMMAD SADEGH, GHANAVATI JALIL. THE DISTINCTION BETWEEN TREATY CLAIMS AND CONTRACT CLAIMS. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2016;19(2):119-141. Available from: https://sid.ir/paper/94186/en

IEEE: Copy

MOHAMMAD SADEGH LABBANI MOTLAGH, and JALIL GHANAVATI, “THE DISTINCTION BETWEEN TREATY CLAIMS AND CONTRACT CLAIMS,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 19, no. 2, pp. 119–141, 2016, [Online]. Available: https://sid.ir/paper/94186/en

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