Applicable law in investor-state arbitration the interplay between national and international law - Kjos, Hege Elisabeth (Oxford University Press, 2013)
Includes bibliographical references and index
General Introduction -- - Territorialized and Internationalized Arbitration Tribunals -- - Choice-of-Law Rules -- - The Scope of the Arbitration Agreement: Claims and Counterclaims -- - The Primary Applicability of National Law and the Role of International Law -- - The Primary Applicability of International Law and the Role of National Law -- - Concurrent Application of and Reference to National and International Law in Case of Consistency -- - Concluding Observations
Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply