in state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. by contracts, state follows narrow interpretation of this clause. up to ilc articles, establishing of responsibility of state for breach of contract requires tow preconditions. first state is merely responsible when state condoct has been of governmental nature and second is that br...

fork in the road clauses and waiver clauses in investment treaties are supposed to minimize the number of parallel proceedings in foreign investment disputes. while, fork in the road clauses preclude investors from further litigation or arbitration once the first dispute settlement mechanism is triggered, in waiver clauses, domestic litigation can be followed by treaty arbitration regarding the...

a contractual relationship is commonly based on statements, expectations, acts and omissions out of which some will, and others will not, give rise to contractual obligations. to avoid uncertainty as to what is agreed, the contract parties often enter into a written contract that is supposed to express the final agreement between them and prevent the parties from relying on rights and obligatio...

The increasing complexity of construction, along with its rapid development, as well as ambiguities and gaps in the legal terms governing constructions, lack of trust in the parties regarding obligations and regulations are the main reasons of disagreements in domestic projects. These disagreements are inevitable even in contracts which are set correctly. Disagreements are costly, time-consumin...

in contracts to insure the implementation of contractual obligations, guarantees will obtain from promisor. with reference to the general conditions of guarantees, nature and custody of these guarantees does not have been stipulated in civil law and fidic contracts. in civil law about the analysis of the substantive guarantees, the views presented that among the most are: contract guarantee, um...