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Book
Beyond consent : revisiting jurisdiction in investment treaty arbitration
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ISBN: 9789004453692 9789004453685 9004453695 Year: 2021 Publisher: Leiden : Brill,

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Abstract

"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"--

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