Download e-book for kindle: Applicable Law in Investor-State Arbitration: The Interplay by Hege Elisabeth Kjos

By Hege Elisabeth Kjos

ISBN-10: 0199656959

ISBN-13: 9780199656950

this can be an open entry name to be had lower than the phrases of a CC BY-NC-ND 3.0 foreign licence. it really is loose to learn at Oxford Scholarship on-line and provided as a loose PDF obtain from OUP and chosen open entry locations.
This booklet examines the legislations, nationwide and/or overseas, that arbitral tribunals observe at the advantages to settle disputes among international 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 felony dating among traders and states, there's major interaction among the nationwide and the overseas felony order in investor-state arbitration.

The publication incorporates a finished research of the correct jurisprudence, criminal tools, and scholarship surrounding arbitral perform with appreciate to the appliance of nationwide legislation and foreign legislation. It investigates the awards within which tribunals noted consistency among the criminal orders, and indicates choices to the normal doctrines of monism and dualism to give an explanation for the connection among the nationwide and the overseas felony order. The ebook additionally addresses the
territorialized or internationalized nature of the tribunals; proper choice-of-law principles and methodologies; and the scope of the arbitration contract, together with the potential of host states providing counterclaims in funding treaty arbitration. finally, it argues that during investor-state
arbitration, nationwide and overseas legislations don't simply coexist yet will 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 solid: enforcement of rights and tasks 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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