By Jarrod Hepburn

ISBN-10: 0198785739

ISBN-13: 9780198785736

even if household legislations performs a major function in funding treaty arbitration, this factor is little mentioned or analysed. while should still funding treaty tribunals interact with household legislations? How should still funding treaty tribunals get to the bottom of issues of household legislations? those questions have major ramifications for either the legitimacy of the funding treaty approach and the arbitral mandate of the tribunal participants. Drawing on case legislation, foreign legislation ideas, and
comparative research, this e-book addresses those very important issues.

Part I of the ebook examines 3 parts of funding law-the 'fair and equitable therapy' typical, expropriation, and remedies-in which the position of family legislation has to this point been under-appreciated. It argues that tribunals are justified in drawing on family legislations as a correct consider their rulings on those 3 concerns. half II of the booklet examines how questions of household legislations can be resolved in funding arbitration. It proposes a normative framework to be used through tribunals in
ascertaining the contents of the family legislations to be utilized. It then considers counter-arguments, exemptions, and exceptions to utilizing this framework, and it evaluates how tribunals have governed on questions of family legislations to date.

Investment treaty arbitration has continued a lot feedback in recent years, in part over fears of its encroachment on sovereignty. The ebook finally contends that nearer cognizance by way of tribunals to at least one of the vital expressions of a state's sovereignty-the elaboration of its family law-will lessen feedback of the field.

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Domestic Law in International Investment Arbitration (International Economic Law Series) by Jarrod Hepburn


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