Authoritative Interpretation vs Arbitral Discretion: States, Tribunals, and the Boundaries of Meaning in Investment Treaties

Plenary Panel II

This panel will explore the interplay between state-led interpretative acts and arbitral tribunal reasoning in interpreting investment treaties. It will address, inter alia, (i) the scope and legal force of authentic interpretations and joint interpretative instruments; (ii) the leeway tribunals have in construing ambiguous or vague treaty language; (iii) the limits on tribunal discretion in light of textual constraints, good faith, object and purpose, and state intent; (iv) the role of subsequent state practice or unilateral declarations in shaping meaning; and (v) case studies illustrating tensions between state expectations and arbitral outcomes.


Convenor

Ursula Kriebaum is Professor of Public International Law at the University of Vienna; member of the: Permanent Court of Arbitration; ICSID Panels of Arbitrators and Conciliators; Panel of Arbitrators under the Withdrawal agreement of the UK from the EU; Panel of Trade and Sustainability Experts under the Trade and Cooperation Agreement between the EU and the UK; Arbitration Panel for the Protocol on Cultural Cooperation to the FTA between the EU and its Member States and the Republic of Korea nominated by the Austrian government for the election of the Austrian judge to the European Court of Human Rights election in 2007 and 2023 as well as legal expert in investment arbitrations and human rights cases. 


Panelists

Andrea K. Bjorklund is a Full Professor and the L. Yves Fortier Chair in International Arbitration and International Commercial Law at McGill University Faculty of Law.  She is the General Editor of Arbitration International and a member of the Investment Treaty Forum of the British Institute of International and Comparative Law.  In addition to her academic work, she acts as arbitrator in both investment and commercial arbitrations.  She was appointed to the ICSID Panel of Arbitrators by the Government of Canada and is also on the roster of several other arbitral institutions.  A citizen of both Canada and the United States, she holds a J.D. from Yale Law School.  In June 2025 the University of Vienna awarded her an honorary doctorate.

Tomoko Ishikawa is a Professor of International Law at Nagoya University, Japan. She has served as an ICSID Conciliator (2017–2023), appointed by the Chairman of the Administrative Council, as a member of the Legal Advisory Committee of the Energy Charter Treaty, as an advisory board member of the Investment Treaty Forum, British Institute of International and Comparative Law, as an arbitrator at the Shenzhen Court of International Arbitration, as a mediator at the Japan International Mediation Center. Her professional experience includes serving as an Associate Judge at the Tokyo District Court and as Deputy Director of the International Legal Affairs Bureau at the Ministry of Foreign Affairs of Japan. Professor Ishikawa currently leads a multidisciplinary research programme on climate change governance and low-carbon hydrogen (July 2023–March 2029), which brings together legal, policy, and technical perspectives on the energy transition.

Ndanga Kamau is an independent arbitrator based in France. She sits as arbitrator in disputes involving states, state entities, private parties, and international organisations. She has expertise in Africa-related disputes and has experience with procedural and substantive laws in civil law, common law, and mixed jurisdictions. Her academic background in economics reinforces her proficiency in issues related to compensation, damages, and interest. Ndanga is a former vice president of the ICC Court (2018-2024) and is a member of the Council of the ICC Institute and the ICCA Governing Board. She is also an honorary senior fellow and trustee of the British Institute of International and Comparative Law (BIICL). Ndanga was called to the Bar of England & Wales by Middle Temple.

Romesh Weeramantry specialises in public international law, international commercial arbitration, and investment treaty law. He is a Special Counsel at Clifford Chance in Australia, where he acts as counsel in a number of investment treaty arbitrations, predominantly relating to the APAC region. Romesh is also a Senior Fellow at the University of Melbourne, where he teaches courses on international law, as well as investment treaty arbitration. Prior to this appointment, he was a Full Adjunct Professor at the National University of Singapore and the Head of International Dispute Settlement Programme at the NUS Centre for International Law.