Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration

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Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration

By Relja Radovic
Brill Nijhoff June 2021

Specifications

ISBN-13
9789004453685
Publisher
Brill Nijhoff
Publication
June 2021
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Conventional wisdom in the theory and practice of investment treaty arbitration says that the jurisdiction of arbitral tribunals is regulated by party consent. In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the formation of another layer of jurisdictional regulation, which is developed by arbitral tribunals.

The principle that the jurisdiction of arbitral tribunals is governed by party consent stems from the foundations of the international legal order. Against that background, Radović surveys case law and analyses the development of arbitrator-made jurisdictional rules, which complement those defined by disputing parties. He then argues in favour of recognising the regulatory function of arbitral tribunals in the jurisdictional structure of investment treaty arbitration.

Table of Contents

Acknowledgements
Summary
List of Graphs
List of Abbreviations
Introduction
1. The Process of Jurisdictional Regulation in Investment Treaty Arbitration
 2. The Significance of Consent
 3. Jurisdictional Regulation in Investment Treaty Arbitration
 4. The Governing Legal Regime
 5. Conclusion
2. Arbitrator-Made Rules and the Procedural Aspects of Consensual Jurisdictional Regulation
 1. Introduction
 2. Rules Weakening the Conditions of Access
 3. Rules Bypassing the Conditions of Access
 4. Most-Favoured-Nation Clause as a Jurisdictional Panacea
 5. Conclusion
3. Arbitrator-Made Rules and the Substantive Aspects of Consensual Jurisdictional Regulation
 1. Introduction
 2. Rules with a Temporal Dimension
 3. Rules Expanding the Scope of Protection
 5. Conclusion
4. Arbitrator-Made Rules Imposing Additional Jurisdictional Limits
 1. Introduction
 2. Rules Restricting the Scope of Protection’
 3. Rules Restricting the Scope of Arbitrable Disputes: Example of Umbrella Clauses
 4. Abuse of Process as a Jurisdictional Limit in Statu Nascendi
 5. Conclusion
5. Towards a New Jurisdictional Framework of Investment Treaty Arbitration
 1. Introduction
 2. The Impetus of Arbitral Jurisdictional Regulation
 3. A Two-Layered Model of Jurisdictional Regulation in Investment Treaty Arbitration
 4. Some Challenges of the Proposed Model
 5. The Two-Layered Model of Jurisdictional Regulation and the International Legal Order
 6. Conclusion
Final Conclusions
Bibliography
Table of Cases
Treaties
Miscellaneous Sources
Index
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