By Hege Elisabeth Kjos
This publication examines the legislations, nationwide and/or overseas, that arbitral tribunals follow at the benefits to settle disputes among international traders and host states. In gentle of the liberty that the disputing events and the arbitrators have while designating the acceptable legislations, and thanks to the hybrid nature of felony courting among traders and states, there's major interaction among the nationwide and the overseas criminal order in investor-state arbitration.
The ebook incorporates a finished research of the appropriate jurisprudence, felony 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 choices to the conventional doctrines of monism and dualism to give an explanation for the connection among the nationwide and the overseas criminal order. The e-book 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 for host states offering counterclaims in funding treaty arbitration. finally, it argues that during investor-state
arbitration, nationwide and foreign legislations don't merely coexist yet should be utilized at the same time; also they are interdependent, every one complementing and informing the opposite either ultimately and without delay for a bigger universal solid: enforcement of rights and duties despite their nationwide or foreign origin.
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