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Part III Procedural Issues, Ch.24 The Relationship between International Tribunals and Domestic Courts

Jacomijn J Van Haersolte-Van Hof, Anne K Hoffmann

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: 14 April 2024

Arbitral rules — Contract claims — Treaty claim — Umbrella clause — Recognition and enforcement — Fork in the road clause — Preliminary proceedings — International investment law — Waiver

This chapter examines the issue of the interaction of contract claims and treaty claims, their classification, and subsequent adjudication. It also considers related arbitral decisions and their consequences. Topics discussed include the distinction between contract claims and treaty claims, further issues arising from the interrelation between international tribunals and domestic courts, and waiver of the protection granted by investment treaties.

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