
- 269 pages
- English
- PDF
- Available on iOS & Android
Applicable Law in International Investment Disputes
About this book
This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.
Frequently asked questions
- Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
- Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.4M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Information
Table of contents
- Cover
- Title Page
- Table of Contents
- ABBREVIATIONS
- INTRODUCTORY NOTE
- ACKNOWLEDGEMENTS
- CHAPTER I: INVESTOR/STATE ARBITRATION AND THE APPLICABLE SUBSTANTIVE LAW
- CHAPTER II: AGREED CHOICE OF LAW
- CHAPTER III: ABSENCE OF AGREED CHOICE OF LAW
- CHAPTER IV: THE ROLE OF INTERNATIONAL LAW AND ITS RELATION TO DOMESTIC LAW
- CHAPTER V: ISSUES OF ANNULMENT
- CHAPTER VI: PROHIBITION OF A NON-LIQUET
- CHAPTER VII: DECISION EX AEQUO ET BONO
- CHAPTER VIII: SUMMARY OF CONCLUSIONS
- TABLE OF CASES
- OFFICIAL DOCUMENTS
- BIBLIOGRAPHY