By Hege Elisabeth Kjos
This booklet examines the legislation, nationwide and/or overseas, that arbitral tribunals observe at the advantages to settle disputes among international traders and host states. In gentle of the liberty that the disputing events and the arbitrators have whilst designating the acceptable legislations, and due to the hybrid nature of felony dating among traders and states, there's major interaction among the nationwide and the overseas criminal order in investor-state arbitration.
The publication encompasses a complete research of the correct jurisprudence, felony tools, and scholarship surrounding arbitral perform with appreciate to the appliance of nationwide legislation and overseas legislations. It investigates the awards during which tribunals pointed out consistency among the felony orders, and indicates possible choices to the normal doctrines of monism and dualism to provide an explanation for the connection among the nationwide and the foreign criminal order. The ebook additionally addresses the
territorialized or internationalized nature of the tribunals; suitable choice-of-law ideas and methodologies; and the scope of the arbitration contract, together with the potential for host states featuring counterclaims in funding treaty arbitration. finally, it argues that during investor-state
arbitration, nationwide and foreign legislations don't simply coexist yet can be utilized concurrently; also they are interdependent, each one complementing and informing the opposite either in a roundabout way and at once for a bigger universal strong: enforcement of rights and tasks despite their nationwide or overseas origin.
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Extra 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