Arbitration / Mediation / Litigation Securities

Arbitration with State Parties in Foreign Investment Disputes: A Rule of Law Approach to Domestic Restrictions on Consent and Arbitrability

By Seyed R. Mansouri
Larcier Intersentia Publishers December 2025

Specifications

ISBN-13
9781839706134
Publisher
Larcier Intersentia Publishers
Publication
December 2025
Format
Hardback
Jurisdiction
Belgium ? Countri(es) for reference only

Details

This book deals with the questions arising from domestic restrictions on the ability and authority of State parties to submit to international arbitration and the invocability of these restrictions in foreign investment disputes from the perspective of the International Rule of Law.

The restrictions at issue are frequently relied upon by host States and their entities in both contract-based and treaty-based investment disputes to challenge the validity of expressed consent or the arbitrability of disputes within its scope. However, there exists a considerable divergence in arbitral and judicial practice regarding the treatment of these restrictions.

The aim of this book is to reconcile the divergent approaches by proposing a balanced standard that strengthens legality, certainty, equality, and access to justice as pillars of the Rule of Law. This standard not only guides international arbitrators and national judges in resolving the conflict between the public and private interests involved in light of the International Rule of Law but also enables host States and investors to know with certainty what obligations they must fulfil to avoid disruption of the arbitration process.

Table of Contents

List of Abbreviations

CHAPTER I. INTRODUCTION
CHAPTER II. RELIANCE OF THE HOST STATE AND ITS SUB-ENTITIES ON THE RESTRICTIONS OF DOMESTIC LAW TO CHALLENGE THEIR ARBITRATION AGREEMENTS WITH FOREIGN INVESTORS: FRAMING THE PROBLEM FROM THE PERSPECTIVE OF THE INTERNATIONAL RULE OF LAW
CHAPTER III. DIFFERENT APPROACHES TO THE QUESTION OF RELIANCE ON THE RESTRICTIONS OF DOMESTIC LAW IN FOREIGN INVESTMENT DISPUTES
CHAPTER IV. ASSESSMENT OF THE TRIPLE APPROACHES IN LIGHT OF THE INTERNATIONAL RULE OF LAW
CHAPTER V. CONCLUSION

Sources
HKD 1,995.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Arbitration / Mediation / Litigation

View all