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Vol 25 No 2 Feb/March 2020

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The Impact of Trade Law in International Invest Arbitration

ISBN13: 9780198816942
To be Published: April 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

A current trend in commentary on international trade and investment law argues that the two fields should be reconciled due to the convergence between some of their constituent elements. This monograph offers the first real analytical framework to which Investor-State arbitral tribunals can refer in cases where international trade law is invoked.

The Impact of Trade Law in International Arbitration is a comprehensive case-based analysis focused on the practical and legal consequences of the interactions between trade and investment legal regimes. It investigates the role of investment dispute settlement mechanisms and the use of trade norms over the past two decades by litigants and arbitrators. The book identifies both the legal techniques and obstacles lawyers apply, or go beyond, in order to use trade norms in the most appropriate way and, more importantly, benefit from this.

This is a useful resource for academics and university students around the world who are studying the jurisdiction of international tribunals, and an essential monograph for practitioners in the field of arbitration, trade, and international dispute settlement to rely upon when interactions between international trade and investment law find their way into real disputes.

Arbitration and Alternative Dispute Resolution
1. Introduction
2. Different institutional settings: the specificities of trade and investment dispute settlement mechanisms
3. Mapping the current use of trade norms in investment arbitration
4. Trade in investment arbitration: coordinating jurisdictional interactions
5. Trade in investment arbitration: coordinating substantive interactions
6. General conclusions