Description
Book SynopsisThis is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the
Trade ReviewThis is an excellent monograph that makes important inroads to investment arbitration and will no doubt make a wonderful companion to anyone with a serious interest in this field. * Ilias Bantekas, Transnational Dispute Management *
The author's critical analysis of the multifarious shades and lights of such a complex subject has made it a worthwhile reading for gaining some insight into the subject. International lawyers, international investment lawyers, international arbitration law experts, international arbitrators and academics in the field will find the study of great value for some time to come. The study is a most up-to-date one in the field as well. * A F M Maniruzzaman, Manchester Journal of International Economic Law *
Table of Contents1. General Introduction ; 2. Territorialized and Internationalized Arbitration Tribunals ; 3. Choice-Of-Law Rules ; 4. The Scope of the Arbitration Agreement: Claims and Counterclaims of a National and/or International Nature ; 5. The Primary Applicability of National Law and the Role of International Law ; 6. The Primary Applicability of International Law and the Role of National Law ; 7. Concurrent Application of, and Reference to, National and International Law in Case of Consistency ; 8. Concluding Observations
