Gronemann M, Krajewski M (2024)
Publication Type: Authored book
Publication year: 2024
Publisher: Oxford University Press
ISBN: 9780191975936
DOI: 10.1093/9780191975936.003.0007
This chapter examines the legal nature of the host state’s treaty-based consent to investor-state arbitration. Hence, it discusses the contemporary models that arbitral tribunals and scholars have developed to explain this topic. Some of these draw on private law frameworks, others draw parallels with instruments of public international law and yet others adopt a combination of private and public law concepts. In contrast to these approaches, the authors suggest that the legal nature of consent should be approached through the lens of the applicable law. Having identified a specific conflict of laws rule covering the state’s consent to investor-state arbitration, they consider the law of the host state to be the applicable legal system for the determination of the legal nature of the state consent.
APA:
Gronemann, M., & Krajewski, M. (2024). The Legal Nature of the Treaty-Based Consent to Investment Arbitration. Oxford University Press.
MLA:
Gronemann, Martin, and Markus Krajewski. The Legal Nature of the Treaty-Based Consent to Investment Arbitration. Oxford University Press, 2024.
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