By Hege Elisabeth Kjos
This e-book examines the legislations, nationwide and/or foreign, that arbitral tribunals follow at the advantages to settle disputes among international traders and host states. In mild of the liberty that the disputing events and the arbitrators have while designating the acceptable legislations, and due to the hybrid nature of criminal dating among traders and states, there's major interaction among the nationwide and the foreign felony order in investor-state arbitration.
The ebook incorporates a complete research of the suitable jurisprudence, felony tools, and scholarship surrounding arbitral perform with appreciate to the applying of nationwide legislation and overseas legislations. It investigates the awards during which tribunals noted consistency among the felony orders, and indicates possible choices to the conventional doctrines of monism and dualism to provide an explanation for the connection among the nationwide and the foreign felony order. The publication additionally addresses the
territorialized or internationalized nature of the tribunals; suitable choice-of-law principles and methodologies; and the scope of the arbitration contract, together with the potential of host states featuring counterclaims in funding treaty arbitration. eventually, it argues that during investor-state
arbitration, nationwide and foreign legislations don't in simple terms coexist yet should be utilized at the same time; also they are interdependent, each one complementing and informing the opposite either in a roundabout way and without delay for a bigger universal stable: enforcement of rights and tasks despite their nationwide or foreign 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