Construction Contracts in International Investment Arbitration

Abstract

The objective of this study is first to identify the main practical problems in international construction investments and then to examine and reveal the specificities of construction contracts within the context of international investment arbitration which distinguish it from other contractual arrangements and Foreign Direct Investment (FDI), thereby provides, or deprives them of, international investment protection within the meaning of both jurisdictional and merit aspects. The study will only focus on construction contracts entered into between a private company and a state, state entity or state company. The study aims to offer a general overview of the main issues and how arbitral tribunals have approached them.