By Hege Elisabeth Kjos
This booklet examines the legislations, nationwide and/or foreign, that arbitral tribunals practice 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 due to the hybrid nature of criminal dating among traders and states, there's major interaction among the nationwide and the foreign felony order in investor-state arbitration.
The ebook incorporates a accomplished research of the correct jurisprudence, criminal tools, and scholarship surrounding arbitral perform with appreciate to the applying of nationwide legislation and overseas legislation. 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 booklet 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 opportunity of host states featuring counterclaims in funding treaty arbitration. finally, it argues that during investor-state
arbitration, nationwide and foreign legislations don't in simple terms coexist yet can be utilized concurrently; also they are interdependent, every one complementing and informing the opposite either in some way and without delay for a bigger universal solid: enforcement of rights and responsibilities 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