JURISDICTIONAL CLAUSES IN BITS: A COMPARATIVE STUDY OF GERMAN AND UZBEK APPROACHES TO CONSENT IN INVESTMENT ARBITRATION
DOI:
https://doi.org/10.55640/Keywords:
jurisdictional clauses, investment arbitration, consent to arbitration, BITs, Germany, Uzbekistan, party autonomy, international investment law, forum selection, EU lawAbstract
This article examines the role of jurisdictional clauses in bilateral investment treaties (BITs), focusing on the legal concept of consent to arbitration in German and Uzbek practice. It explores how each country formulates, interprets, and enforces such clauses, and evaluates the impact of domestic law and international obligations on their effectiveness. By analyzing treaty language, national court decisions, and investment arbitration practice, the study reveals divergent trends: Germany’s increasingly constrained consent framework under EU law and Uzbekistan’s liberal, investor-friendly stance. The article concludes with recommendations on preserving legal predictability and investor confidence in light of evolving jurisdictional doctrines.
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References
1.Vienna Convention on the Law of Treaties, 1969.
2.CJEU, Slowakische Republik v. Achmea BV, Case C-284/16.
3.CJEU, Republic of Moldova v. Komstroy, Case C-741/19.
4.Republic of Uzbekistan, Law “On Investments and Investment Activity” No. ZRU-598 (2019).
5.New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958.
6.Dolzer, R. and Schreuer, C., Principles of International Investment Law, Oxford University Press, 2012.
7.UNCTAD Investment Policy Hub: Germany and Uzbekistan BITs, https://investmentpolicy.unctad.org.
8.Bungenberg, M., et al. (eds.), European Yearbook of International Economic Law, Springer, various volumes.
9.Reinisch, A., “The Future of Intra-EU Investment Arbitration” Journal of International Dispute Settlement, Vol. 11, Issue 3, 2020.
10.Uzbek Arbitration Association, Report on Investment Arbitration Trends, 2023.
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Authors retain the copyright of their manuscripts, and all Open Access articles are disseminated under the terms of the Creative Commons Attribution License 4.0 (CC-BY), which licenses unrestricted use, distribution, and reproduction in any medium, provided that the original work is appropriately cited. The use of general descriptive names, trade names, trademarks, and so forth in this publication, even if not specifically identified, does not imply that these names are not protected by the relevant laws and regulations.
Germany
United States of America
Italy
United Kingdom
France
Canada
Uzbekistan
Japan
Republic of Korea
Australia
Spain
Switzerland
Sweden
Netherlands
China
India
