Applicable Law in Investor-State Arbitration PDF
By:Hege Elisabeth Kjos
Published on 2013-03-21 by OUP Oxford
This 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 legal orders, and suggests alternatives to the traditional doctrines of monism and dualism to explain the relationship between the national and the international legal order. The book also addresses the territorialized or internationalized nature of the tribunals; relevant choice-of-law rules and methodologies; and the scope of the arbitration agreement, including the possibility of host states presenting counterclaims in investment treaty arbitration. Ultimately, it argues that in investor-state arbitration, national and international law do not only coexist but may be applied simultaneously; they are also interdependent, each complementing and informing the other both indirectly and directly for a larger common good: enforcement of rights and obligations regardless of their national or international origin.
This Book was ranked at 19 by Google Books for keyword Arbitration.
Book ID of Applicable Law in Investor-State Arbitration's Books is itwCbyiQnGwC, Book which was written byHege Elisabeth Kjoshave ETAG "qaFze1VnA24"
Book which was published by OUP Oxford since 2013-03-21 have ISBNs, ISBN 13 Code is 9780191641169 and ISBN 10 Code is 0191641162
Reading Mode in Text Status is true and Reading Mode in Image Status is true
Book which have "344 Pages" is Printed at BOOK under CategoryLaw
Book was written in en
eBook Version Availability Status at PDF is true and in ePub is true
Book Preview
Download Applicable Law in Investor-State Arbitration PDF Free
Download Applicable Law in Investor-State Arbitration Books Free
Download Applicable Law in Investor-State Arbitration Free
Download Applicable Law in Investor-State Arbitration PDF
Download Applicable Law in Investor-State Arbitration Books
Tidak ada komentar:
Posting Komentar