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Part III Procedural Issues, Ch.21 Consent to Arbitration

Christoph Schreuer

From: The Oxford Handbook of International Investment Law

Edited By: Peter T Muchlinski, Federico Ortino, Christoph Schreuer

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 03 December 2023

Consent to jurisdiction — Consent to jurisdiction through legislation — Consent to jurisdiction through treaties — Relevant date (and jurisdiction) — Treaties, interpretation — International investment law — Most-favoured-nation treatment (MFN) — Arbitration — Applicable law — BITs (Bilateral Investment Treaties)

This chapter focuses on mixed arbitration, that is, arbitration between a host State and a foreign investor. It discusses five methods to give consent to arbitration: consent by direct agreement, consent through host state legislation, consent through bilateral investment treaties, consent through multilateral treaties, and consent under most-favoured-nation clauses. The chapter then looks at temporal issues of consent and interpretation of consent.

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