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Total Société Anonyme v Argentina, Decision on Annulment, ICSID Case No ARB/04/01, IIC 761 (2016), 1st February 2016, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Reporter(s)

Laura Yvonne Zielinski

Total Société Anonyme v Argentina, Decision on Annulment, ICSID Case No ARB/04/01, IIC 761 (2016), 1st February 2016, World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Whether, if the text of a treaty provided for several applicable laws, without providing a hierarchy or a rule as to which law should apply to a particular issue, and there was a dispute between the parties as to the law that should apply to decide a particular issue in dispute, it was for the arbitral tribunal to conclude what the applicable law was, or whether the tribunal was obliged to apply all of the applicable laws to all the issues.

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