A treaty interpreter can scarcely avoid noting the sparseness of the language
used in Article 9(1) and (2) of the BIT. Textually, Article 9(1) and (2)
refer neither to disputes based on claimed violations of the BIT nor to disputes
based on claimed violations of some contract between the investor of one
Contracting Party and the other Contracting Party. But if Article 9 relates to
any dispute at all between an investor and a Contracting Party, it must comprehend
disputes constituted by claimed violations of BIT provisions establishing
substantive standards of treatment by one Contracting Party of
investors of the other Contracting Party. Any other view would tend to erode
significantly those substantive treaty standards of treatment.