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date: 19 September 2019

Abstract and Keywords

Arbitration is by far the most frequently used method to settle investment disputes. This article focuses exclusively on mixed arbitration, that is, arbitration between a host State and a foreign investor. The three techniques to give consent to arbitration are discussed, namely, consent by direct agreement, consent through host state legislation and consent through bilateral investment treaties. A number of multilateral treaties also offer consent to arbitration. This article proceeds further to examine temporal issues of consent and outline the expressions of consent to arbitration that have led to disputes in a number of cases. Tribunals applying these expressions of consent have had to grapple with their proper interpretation. This article concludes with the need to improve the harmonization of tribunal practice.

Keywords: mixed arbitration, investment disputes, consent, tribunals, temporal issues

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