Buch, Englisch, 264 Seiten
Buch, Englisch, 264 Seiten
Reihe: International Arbitration Law Library Series Set
ISBN: 978-90-411-6103-1
Verlag: Wolters Kluwer
- In investment disputes, what role, if any, should municipal law have in assessing State attribution under international law?
- Should shareholders receive compensation for damages suffered by their company due to a violation of an international obligation vis-à-vis the company?
- Under what conditions may a violation of municipal law become internationally wrongful?
- May foreign investors rely on ‘expectations’ as an autonomous source of rights in investment treaty disputes?
- Does an alleged breach of an umbrella clause transform a breach of contract claim covered by municipal law into an international law claim?
- The chapters answer these and many other questions in extraordinary depth, drawing on detailed analyses of the issues and implications posed by major relevant cases and arbitral decisions.
How this will help you: In international law, arbitrators need to be attentive to the circumstances where municipal law supplies the necessary substantive legal rule. They will find this book to be the best guide to this complex challenge. The author’s analysis of the unavoidable interaction of municipal law and international law in investment treaty arbitration – and the consequences stemming from rejecting the application of municipal law when relevant – will continue to be of great value to arbitrators, arbitration counsel, corporate counsel, and scholars of international law.