Book contents
- The Cambridge Companion to International Arbitration
- Cambridge Companions to Law
- The Cambridge Companion to International Arbitration
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Treaties, National Legislation, Cases and Awards
- Part I The History, Doctrines and Sociology of the Growth of Transnational Justice
- Part II International Commercial Arbitration as a Transnational Justice System
- Part III Investor-State Arbitration
- 8 Rise of a Discipline
- 9 Consent to Arbitration in Foreign Investment Arbitration
- 10 Applicable Law in International Investment Arbitration
- 11 The Historical Contribution of the World Bank
- 12 ICSID Today
- 13 The Future for International Investment Arbitration
- Part IV Inter-State Arbitration and the Pursuit of Peace
- Part V Systemic, Trans-Substantive and New Issues
- Index
10 - Applicable Law in International Investment Arbitration
from Part III - Investor-State Arbitration
Published online by Cambridge University Press: 08 October 2021
- The Cambridge Companion to International Arbitration
- Cambridge Companions to Law
- The Cambridge Companion to International Arbitration
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Treaties, National Legislation, Cases and Awards
- Part I The History, Doctrines and Sociology of the Growth of Transnational Justice
- Part II International Commercial Arbitration as a Transnational Justice System
- Part III Investor-State Arbitration
- 8 Rise of a Discipline
- 9 Consent to Arbitration in Foreign Investment Arbitration
- 10 Applicable Law in International Investment Arbitration
- 11 The Historical Contribution of the World Bank
- 12 ICSID Today
- 13 The Future for International Investment Arbitration
- Part IV Inter-State Arbitration and the Pursuit of Peace
- Part V Systemic, Trans-Substantive and New Issues
- Index
Summary
The issue of applicable law is something that all investment tribunals must inevitably address. Yet it is one of the most misunderstood and misaddressed (or ignored) topics in the field. The basics of applicable law are relatively straightforward – the law applicable to the dispute is that which arbitrators use to come to a decision about whether or not there has been a breach of that law. Thus, whether they are adjudicating a contractual or treaty-based dispute, investment arbitrators must first identify the law applicable to the dispute and then use it to assess the liability of the defending party or parties. These statements are deceptively simple, since the selection of applicable law, its application, and its intersection with other laws, whether international or domestic, continue to be contentious and difficult questions.
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- The Cambridge Companion to International Arbitration , pp. 225 - 243Publisher: Cambridge University PressPrint publication year: 2021
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