JURISDICTIONAL CLAUSES IN BITS: A COMPARATIVE STUDY OF GERMAN AND UZBEK APPROACHES TO CONSENT IN INVESTMENT ARBITRATION
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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
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