%0 Journal Article %T Parallel Contractual and Treaty Claims in Foreign Investment Disputes %J Public Law Studies Quarterly %I University of Tehran %Z 2423-8120 %A Razavi Toussi, Leila %A Seyfi, Seyed Jamal %A Mohebi, Mohden %D 2022 %\ 12/22/2022 %V 52 %N 4 %P 1651-1676 %! Parallel Contractual and Treaty Claims in Foreign Investment Disputes %K Treaty Claims %K Contract Claims %K Fork in the Road Clause %K Umbrella clause %K Dispute Settlement Clause %K ICSID %K arbitral tribunals %R 10.22059/jplsq.2020.292583.2239 %X International investment treaties and contracts are two different legal instruments aimed at encouraging and supporting foreign investment.  The coexistence and simultaneous governance of the two is possible in the case of a single investment. However, under international investment law, coexistence between these two instruments has created major problems. Indeed, due to the broadness of investor treatment standards, especially the fair and equitable treatment standard, sometimes contractual breaches are seen as breach of the broader treaty standards. As such, due to the difference between dispute settlement clauses in investment contracts and inter-state investment treaties and the applicability of each clause, there will always be the possibility of conflict of jurisdiction between the authorities concerned. This article explores the circumstances under which investment treaty arbitration will be competent to adjudicate claims arising out of breach of an investment contract. In addition,  ICSID arbitral jurisprudence is analyzed on the basis of restrictive and/or extensive interpretation of dispute settlements clauses in both investment contracts and investment treaties. %U https://jplsq.ut.ac.ir/article_88811_ba8ea1a95d81954a62336e3dfd6f310d.pdf