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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Applicable Law in Investor-State Arbitration - The Interplay Between National and International Law (Hardcover)
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Applicable Law in Investor-State Arbitration - The Interplay Between National and International Law (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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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.
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