By Hege Elisabeth Kjos
This ebook examines the legislations, nationwide and/or foreign, that arbitral tribunals follow at the advantages to settle disputes among overseas traders and host states. In gentle of the liberty that the disputing events and the arbitrators have whilst designating the acceptable legislations, and thanks to the hybrid nature of felony courting among traders and states, there's major interaction among the nationwide and the foreign criminal order in investor-state arbitration.
The publication incorporates a accomplished research of the correct jurisprudence, criminal tools, and scholarship surrounding arbitral perform with appreciate to the applying of nationwide legislations and foreign legislations. It investigates the awards during which tribunals stated consistency among the criminal orders, and indicates choices to the conventional doctrines of monism and dualism to give an explanation for the connection among the nationwide and the overseas felony order. The booklet additionally addresses the
territorialized or internationalized nature of the tribunals; proper choice-of-law ideas and methodologies; and the scope of the arbitration contract, together with the potential for host states proposing counterclaims in funding treaty arbitration. finally, it argues that during investor-state
arbitration, nationwide and foreign legislation don't purely coexist yet can be utilized concurrently; also they are interdependent, every one complementing and informing the opposite either not directly and at once for a bigger universal stable: enforcement of rights and tasks despite their nationwide or overseas origin.
Read or Download Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law (Oxford Monographs in International Law) PDF
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Additional info for Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law (Oxford Monographs in International Law)
Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law (Oxford Monographs in International Law) by Hege Elisabeth Kjos