Part III Procedural Issues, Ch.24 The Relationship between International Tribunals and Domestic Courts
Jacomijn J Van Haersolte-Van Hof, Anne K Hoffmann
Edited By: Peter T Muchlinski, Federico Ortino, Christoph Schreuer
- 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.