The application of international law to state contracts with foreign
private companies was the cause of continuing controversy throughout
much of the twentieth century. State contractual undertakings with
foreign investors raise a number of legal issues that do not fit well
into the traditional pattern of international law as a law between
states, but which also cannot be satisfactorily resolved by the
exclusive application of the municipal law of the contracting state.
In recent years the controversy has gained new prominence as a result
of the advent of a new form of international dispute settlement,
namely the mechanism of investment treaty arbitration. The main
feature of this model of dispute resolution is that foreign investors
are entitled to bring claims against states directly before
international arbitral tribunals. This model, which emerged strongly
in the late 1990s, has generated a rapidly expanding body of arbitral
case law and in the process become one of the most significant new
developments in modern international law. Many of the disputes subject
to investment treaty arbitration have their origin in contractual
commitments made by states toward foreign investors. At the same time
international commercial arbitration continues to be the preferred
means of dispute resolution in contracts between foreign investors and
states or state entities. This book explores how contract claims
against states are dealt with in the two parallel processes of
treaty-based and contract-based arbitration. The book charts the
development of commercial arbitration into an international legal
remedy in this field, discusses the theoretical problems which it
creates for international law, and outlines the most significant
substantive features of the international law applicable to contract
claims as developed by arbitral tribunals on the basis of treaty
standards and customary law. This title is included in Bloomsbury
Professional's International Arbitration online service.
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State Contracts and International Arbitration
Produktdetaljer
ISBN
9781847316226
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter