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Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Hege Elisabeth Kjos

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.001.0001
Subject:
Law, Public International Law

This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the ... More


Concurrent Application of and Reference to National and International Law in Case of Consistency

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0007
Subject:
Law, Public International Law

This chapter examines arbitral tribunals' use of an alternative choice-of-law methodology, which involves applying or referring to both national and international law. It is often used in case of ... More


Foreign Law before the French Courts: A Unique Procedural Treatment

Bénédicte Fauvarque-Cosson

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0004
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter discusses French law’s approach to foreign law. It addresses the following questions: should the French choice of law rule be applied ex officio? When the choice of law rule designates a ... More


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