Article

Applicable Law

Ole Spiermann

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0003

Series: Oxford Handbooks in Law

 Applicable Law

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This article seeks to analyse the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. It identifies a few aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle. This is followed by an overview of different approaches to internationalizing international investment law applicable to claims brought by private investors on the basis of a contract with the host state. In this respect, investment arbitration is to be distinguished from international commercial arbitration at large as well as adjudication in national courts. Also, investment arbitration is a field in which the principle of party autonomy, although of indisputable importance, does not reign supreme. This is followed by more practical analyses of the law, or legal rules, applicable to contract claims and treaty claims respectively.

Keywords: applicable law; investment dispute; jura novit curia principle; international investment law; international commercial arbitration; national courts

Article.  15682 words. 

Subjects: Law ; International Law

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