Andrea Marco Steingruber, Consent in International Arbitration, Oxford International Arbitration Series, Oxford University Press (2012)
Pages | 155-157 |
DOI | 10.3366/ajicl.2014.0085 |
Published date | 01 February 2014 |
Date | 01 February 2014 |
Author | Ali Moghaddam Abrishami |
The author critically examines current legal scholarship on consent in arbitration and questions some of the perceived settled norms regarding consent in arbitration while acknowledging its evolution. Most of the analysis draws from various factors affecting the modern regime of arbitration.
The chapters follow a logical sequence in discussing various issues on consent in arbitration. Consent in investment arbitration is a complex issue and its legal analysis needs particular consideration. The author extensively discusses this issue through chapters 11–14.
Chapter 11 examines how and when mutual consent to arbitrate is reached in investment arbitration. In doing so, the author considers the characteristics of offer and acceptance in general contract law. He elaborates consent in investment arbitration in three different scenarios: consent through investment contract between the host state and the foreign investor, consent through national investment legislation and consent through investment treaties. In evaluating consent through investment treaties, the author discusses bilateral investment treaties (BITs) and multilateral investment treaties such as the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT).
Chapter 11 then addresses the controversial question of irrevocability of consent in cases in which the host state expresses consent to arbitration in its national investment law and/or in investment treaties. The author argues by referring to the...
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