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 appropriate legislations, and thanks to the hybrid nature of felony courting among traders and states, there's major interaction among the nationwide and the foreign felony order in investor-state arbitration.
The ebook features a accomplished research of the suitable jurisprudence, criminal tools, and scholarship surrounding arbitral perform with recognize to the applying of nationwide legislation and overseas legislations. It investigates the awards during which tribunals pointed out consistency among the criminal 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 overseas criminal order. The publication additionally addresses the
territorialized or internationalized nature of the tribunals; correct choice-of-law principles and methodologies; and the scope of the arbitration contract, together with the potential of host states offering counterclaims in funding treaty arbitration. eventually, it argues that during investor-state
arbitration, nationwide and overseas legislation don't merely coexist yet can be utilized at the same time; also they are interdependent, each one complementing and informing the opposite either in a roundabout way and at once for a bigger universal stable: enforcement of rights and duties despite their nationwide or overseas origin.
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Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law (Oxford Monographs in International Law) by Hege Elisabeth Kjos
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