Domestic Law in International Investment Arbitration

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Jarrod Hepburn (McKenzie Post-Doctoral Research Fellow, McKenzie Post-Doctoral Research Fellow, Melbourne Law School)

Domestic Law in International Investment Arbitration

Jarrod Hepburn (McKenzie Post-Doctoral Research Fellow, McKenzie Post-Doctoral Research Fellow, Melbourne Law School)

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English

Oxford University Press
12 March 2017

International economic & trade law; Investment treaties & disputes; Settlement of international disputes; International arbitration

Series: International Economic Law Series

Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date.

Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

By: Jarrod Hepburn (McKenzie Post-Doctoral Research Fellow McKenzie Post-Doctoral Research Fellow Melbourne Law School)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 164mm, Spine: 23mm
Weight: 528g
ISBN: 9780198785736
ISBN 10: 0198785739
Series: International Economic Law Series
Pages: 234
Publication Date: 12 March 2017
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction Part I: Identifying Domestic Law Issues in Investment Arbitration 2: Domestic Law and Fair and Equitable Treatment 3: Domestic Law and Expropriation 4: Domestic Law and Remedies Part II: Resolving Domestic Law Issues in Investment Arbitration 5: Ascertaining the Contents of Domestic Law in Investment Arbitration 6: Applying the Framework - Preliminaries 7: Applying the Framework - In Practice 8: Conclusion

Jarrod Hepburn is a McKenzie Postdoctoral Research Fellow at Melbourne Law School, University of Melbourne, Australia. Jarrod holds the degrees of DPhil, MPhil and BCL from Balliol College, University of Oxford, as well as first-class honours undergraduate degrees in both law and software engineering from the University of Melbourne. Jarrod is admitted to practice law in Australian federal and state jurisdictions, and has experience in the Competition group of a major Australian commercial law firm. He is also a regular contributor to a specialised news service, Investment Arbitration Reporter, providing coverage and analysis of foreign investment disputes.

Reviews for Domestic Law in International Investment Arbitration

this is a well-researched and distinctive book. It provides a lot of food for thought; the author has produced detailed and perceptive analysis of a number of recent investment treaty cases. This book will appeal to a number of different audiences including those interested in the relationship between international and domestic law, and on-going debates about legitimacy in investment arbitration. It will also be of relevance to practitioners who are seeking to develop (or resist) arguments based on domestic law. * Jonathan Ketcheson, The Journal of World Investment & Trade *