Suchergebnisse

Award date: 31 December 1986 ; Supervisor: B. de Witte ; First made available online 2 July 2015.

Fernando Tupa addresses the sometimes-overlooked yet fundamental principle that consent to international arbitration is forum-specific, and explores its significance and practical consequences for investment tribunals. The author proposes that, if there is only consent "in principle" to international arbitration by the host State in an investment agreement due to the lack of a forum (or the unavailability of the forum contemplated therein), a foreign investor would not be entitled to unilaterally initiate an investment claim against the host State under said agreement, absent a subsequent agreement between the foreign investor and the host State on an arbitral forum. He also draws some conclusions and warns against the dangerous consequences of ignoring this basic principle

Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism and individual liberties.

Discusses international convention defining rights and duties of diplomatic personnel and accompanying optional protocol on compulsory settlement of disputes. ; Record is based on bibliographic data in CIS US Congressional Committee Hearings Index. Reuse except for individual research requires license from Congressional Information Service, Inc. ; Indexed in CIS US Congressional Committee Hearings Index Part VIII ; Discusses international convention defining rights and duties of diplomatic personnel and accompanying optional protocol on compulsory settlement of disputes. ; Mode of access: Internet.

A lecturer on theAlabamaclaims and the Geneva Tribunal of 1871–2, like a director ofHamlet, has to accept one inescapable fact: that everyone knows, broadly at least, how the story ends. There can be no reliance on suspense to sustain interest in the narrative. So I shall begin at the end.