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E-grāmata: Applicable Law in Investor-state Arbitration: The Interplay Between National and International Law [Oxford Scholarship Online E-books]

(Assistant Professor of International Law, Amsterdam Center for International Law, University of Amsterdam)
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Applicable Law in Investor-state Arbitration: The Interplay Between National and International LawPalielināt
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Wiley OnlineMore info about Oxford Scholarship Online e-books
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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.

Papildus informācija

Part of the OAPEN-UK project
Table of Cases
ix
Table of Legislation
xxi
List of Abbreviations
xxviii
1 General Introduction
1(18)
1 Motivations for the Study
1(10)
2 The Scope of and Terminology Used in the Study
11(5)
3 The Method and Plan of the Study
16(3)
2 Territorialized and Internationalized Arbitration Tribunals
19(42)
1 Introduction
19(1)
2 Features of the Arbitral Process
20(3)
3 Territorialized Tribunals
23(21)
4 Internationalized Tribunals
44(15)
5 General Conclusions
59(2)
3 Choice-of-Law Rules
61(44)
1 Introduction
61(1)
2 The Linkage Between Lex Arbitri and Choice-of-Law Methodology
62(5)
3 Choice-of-Law Rules
67(36)
4 General Conclusions
103(2)
4 The Scope of the Arbitration Agreement: Claims and Counterclaims of a National and/or International Nature
105(52)
1 Introduction
105(1)
2 Characterization: The National or International Nature of Claims
106(6)
3 The Scope of the Arbitration Agreement: National and/or International Claims
112(16)
4 Counterclaims by Host States
128(26)
5 General Conclusions
154(3)
5 The Primary Applicability of National Law and the Role of International Law
157(56)
1 Introduction
157(1)
2 Reasons for the Primary Applicability of National Law
158(23)
3 The Role of International Law when National Law Primarily Applies
181(30)
4 General Conclusions
211(2)
6 The Primary Applicability of International Law and the Role of National Law
213(58)
1 Introduction
213(1)
2 Reasons for the Primary Applicability of International Law
213(27)
3 The Role of National Law when International Law Primarily Applies
240(29)
4 General Conclusions
269(2)
7 Concurrent Application of and Reference to National and International Law in Case of Consistency
271(24)
1 Introduction
271(4)
2 Arbitral Practice
275(18)
3 General Conclusions
293(2)
8 Concluding Observations
295(8)
Index 303
Dr. Hege Elisabeth Kjos is Assistant Professor of International Law at the University of Amsterdam. Her research and courses focus on international law and international dispute settlement in general, and international investment law and arbitration in particular. In addition, she is a Deputy General Editor of Arbitration International, Kluwer Law International and General Editor of the Hague Yearbook of International Law, Brill. She previously worked at the Legal Department of the World Bank in Washington, D.C., following studies in Norway, France, the Netherlands, and the United States.
Permanent link: https://www.kriso.lv/db/9780199656950_pe.html
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