Umbrella clause claim fails where contractual party's conduct not attributable to state (ICSID) | Practical Law

Umbrella clause claim fails where contractual party's conduct not attributable to state (ICSID) | Practical Law

In Bosh International Inc and another v Ukraine (ICSID Case No ARB/08/11), an ICSID tribunal considered whether the umbrella clause in the US/Ukraine bilateral investment treaty (BIT) extended to cover alleged breaches of a contract to which the Ukraine was not a party.

Umbrella clause claim fails where contractual party's conduct not attributable to state (ICSID)

by PLC Arbitration
Published on 07 Nov 2012 • International, USA (National/Federal)
In Bosh International Inc and another v Ukraine (ICSID Case No ARB/08/11), an ICSID tribunal considered whether the umbrella clause in the US/Ukraine bilateral investment treaty (BIT) extended to cover alleged breaches of a contract to which the Ukraine was not a party.