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"The process of jurisdictional regulation in investment treaty arbitration is governed by the principle of consensualism, which in theory confers the power to define the jurisdiction of arbitral tribunals on disputing parties exclusively. The practice of arbitral tribunals, however, has given the impression that tribunals are willing to establish jurisdiction on alternative and weaker bases than party consent. This book addresses the question to what extent party consent indeed defines the jurisdiction of arbitral tribunals"--

Arbitration agreements, Commercial --- Arbitration and award --- Commercial treaties --- Consent (Law) --- International commercial arbitration --- Investments, Foreign (International law) --- Investments, Foreign --- Law and legislation --- Arbitration agreements, Commercial. --- Arbitration and award.

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"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."--Bloomsbury Publishing.

Arbitration and award, International. --- Arbitration agreements, Commercial. --- Public contracts. --- International commercial arbitration .

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"This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions."--Bloomsbury Publishing.

Arbitration agreements, Commercial. --- Conflict of laws --- Courts --- International commercial arbitration. --- Judicial assistance. --- Commercial law.

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This systematic and comprehensive analysis of the interpretation of treaties in investment arbitration presents a wealth of material and a thorough assessment of the practice of foreign investment arbitral tribunals.

Arbitration and award, International. --- Commercial treaties. --- Arbitration agreements, Commercial. --- Arbitration agreements, Commercial --- Arbitration clauses, Commercial --- Commercial arbitration agreements --- Compromise (Arbitration agreement) --- Submission (Arbitration agreement) --- Arbitration and award --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Conflict of laws --- Law and legislation

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International commercial arbitration. --- Due process of law. --- Arbitration agreements, Commercial. --- Arbitration agreements, Commercial --- Arbitration clauses, Commercial --- Commercial arbitration agreements --- Compromise (Arbitration agreement) --- Submission (Arbitration agreement) --- Arbitration and award --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Conflict of laws --- Law and legislation --- Arbitration and award, International.