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The Oxford Handbook of International Investment Law edited by Muchlinski, Peter T; Ortino, Federico; Schreuer, Christoph

Part I Fundamental Issues, Ch.3 Applicable Law

Ole Spiermann

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, 2015. All Rights Reserved. date: 12 November 2019

Subject(s):
Arbitrability — Choice of law — Customary international law — Host state law — Contract claims — Treaty claim — UNCITRAL Arbitration Rules — Pacta sunt servanda

This chapter analyses the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. Section 1 identifies some aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle. Section 2 presents 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. Section 3 discusses investment arbitration as a field in which the principle of party autonomy, although of indisputable importance, does not reign supreme. Section 4 and 5 analyse the law, or legal rules, applicable to contract claims and treaty claims, respectively.

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