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
9 - Consent to Arbitration in Foreign 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
As with all arbitration, consent lies at the root of arbitration of foreign investment disputes.1 It is all the more relevant in such arbitration as a State, a sovereign entity, is involved. Where there is a contract of foreign investment containing an arbitration clause, there can be little doubt that future disputes arising from the contract could be submitted to the tribunal indicated in the arbitration clause as the clause manifests the consent of the parties to such arbitration. The phenomenon that arises in modern foreign investment arbitration which involves a State as one of the parties is the claim that consent to arbitration could be created from a State’s unilateral offer of such arbitration. Such a unilateral offer could be made either through its foreign investment legislation or through the dispute resolution provision in an investment treaty.
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- Information
- The Cambridge Companion to International Arbitration , pp. 204 - 224Publisher: Cambridge University PressPrint publication year: 2021