The Legal Nature of the Treaty-Based Consent to Investment Arbitration

Gronemann M, Krajewski M (2024)


Publication Type: Authored book

Publication year: 2024

Publisher: Oxford University Press

ISBN: 9780191975936

DOI: 10.1093/9780191975936.003.0007

Abstract

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.

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How to cite

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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