Kluwer: Gap-Filling in Investment Protection Treaties: Dual Nationality and Treaty Silence in UNCITRAL Arbitration – A comment on Romero v. Ecuador

Investment treaties are necessarily incomplete. Not every contingency can be anticipated, and silence is an inherent feature rather than a defect. Some omissions are more relevant than others. There are cases in which gap-filling can determine the outcome of a dispute, such as when analyzing if dual nationals are entitled to bring arbitration against their host State.