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Practising VirtueInside International Arbitration$
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David D. Caron, Stephan W. Schill, Abby Cohen Smutny, and Epaminontas E. Triantafilou

Print publication date: 2015

Print ISBN-13: 9780198739807

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780198739807.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2020

Babel and BITs

Babel and BITs

Divergence Analysis and Authentication in the Unusual Decision of Kiliç v Turkmenistan

(p.407) 25 Babel and BITs
Practising Virtue

Mahnoush H Arsanjani

W Michael Reisman

Oxford University Press

This chapter explores the varied interpretive approaches of international courts and tribunals when faced with different language versions of treaties that are amenable to different, and often conflicting, interpretations. Focusing on the recent investment treaty decision in Kiliç v Turkmenistan, it analyses the errors committed by the tribunal in its interpretation of apparently incompatible translations of the Turkey-Turkmenistan Bilateral Investment Treaty, thus violating under Article 33 of the Vienna Convention on the Law of Treaties.

Keywords:   international courts, tribunals, treaty interpretation, Kiliç v Turkmenistan, Turkey-Turkmenistan Bilateral Investment Treaty, investment treaty arbitration

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