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The Use of Commercial Arbitration Rules in Investment Treaty Disputes: Domestic Courts, Commercial Arbitration Institutions and Tribunal Jurisdiction


ISBN13: 9789004413672
Published: March 2021
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £130.00



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Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used. Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist's book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions - the ICC and the SCC - have drafted, interpreted and applied their arbitration rules in treaty-based disputes.

Subjects:
International Investment Law, Arbitration and Alternative Dispute Resolution
Contents:
Acknowledgements List of Figures
Abbreviations
Introduction

1. The Research Focus and Its Context

1. Introduction
2. The Bigger Picture
3. First Focus: Domestic Courts' Interpretation of Treaty-Based Arbitral Tribunal Jurisdiction
4. Second focus: Commercial Arbitration Institutions and Treaty-Based Arbitral Tribunal Jurisdiction
5. Outline

2. Commercial Arbitration Rules in Investment Treaties - A Historic Background

1. The (Very) Early Treaty Practice: ICSID Monopoly
2. The Early Years at ICSID
3. The Rise of Non-ICSID Rules
4. Two Potential Explanations
5. Interim Conclusion

3. Domestic Courts and Lex Loci Arbitri in Treaty-Based Arbitration: Challenges of Awards

1. Challenges of Investment Treaty Arbitration Awards - The Legal Framework
2. Specifijic Issues Arising from Challenges in Domestic Courts
3. Consequences of Challenging Treaty-Based Awards in Domestic Courts

4. Investment Treaty Disputes at Commercial Arbitration Institutions

1. Organization
2. The Arbitration Rules
3. "Jurisdictional" Considerations by Institutions
4. Emergency Arbitration
5. Discussion: The Scope of Institutional Decision-Making

5. Conclusions
1. Introduction
2. Lex Loci Arbitri - the Domestic Anchor
3. Internal Fragmentation
4. Future Outlooks - on the Desirability of Non-ICSID Rules in Investment Arbitration
5. Concluding Remarks