Andrea Marco Steingruber, Consent in International Arbitration, Oxford International Arbitration Series, Oxford University Press (2012)

Pages155-157
DOI10.3366/ajicl.2014.0085
Published date01 February 2014
Date01 February 2014
<p><italic>Consent in International Arbitration</italic> is the output of PhD research undertaken by Andrea Marco Steingruber at the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London. The book contains fifteen chapters divided into three parts. The first part discusses general issues affecting the consensual nature of arbitration with a brief history of the evolution of arbitration. It then examines the concept of capacity, its limitations and restrictions to consent by states and their agencies in chapter 3. Chapter 4 discusses the juridical nature of arbitration with an interesting section on consent in investment arbitration, while in chapter 5 the author examines the types of consent in arbitration. Part two discusses consent in commercial arbitration in another five chapters, while issues affecting consent in investment arbitration are examined in the following four chapters in part three and a conclusion drawn in the last chapter.</p> <p>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.</p> <p>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.</p> <p>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).</p> <p>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...</p>

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