- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and <i>Force Majeure</i>
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
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.
Christoph Schreuer is a graduate of the Universities of Vienna, Cambridge and Yale. He is a former Professor at Johns Hopkins University and University of Vienna, member of the Permanent Court of Arbitration and ICSID Panel of Arbitrators, arbitrator in ICSID and UNCITRAL cases.
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