This book is a result of seven years of work. It started as a PhD thesis at the University of Oslo, continued as a project of a guest researcher at PluriCourts – Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, and ended up as a monograph further developed and finally completed at the Inland Norway University of Applied Sciences.
The book grew from my practical experience as a counsel and arbitrator in international arbitration and my curiosity about the intersection between public international law and private international law in investment treaty arbitration.
During my PhD years, I was privileged to have Professor Giuditta Cordero-Moss as my principal supervisor and Professor Ivar Alvik as my co-supervisor. I am enormously grateful for all our discussions and all their comments, for the times they agreed with me, and particularly the times they disagreed.
This work has also benefited a lot from the discussions with scholars in various places – at the iCourts and cevia at the University of Copenhagen, at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, at Stockholm University, at Amsterdam University, at the University of Edinburgh, at the University of Vienna, at the University of Bergen and the University of Trømso. I was also privileged to test my ideas with experienced practitioners involved in investment treaty arbitration from Austria, France, Poland, Switzerland, Ukraine, UK, and the USA.
Above all, I am grateful to my husband Pavlo, my children Tamara and Roman, and my parents Olha and Sergiy. Without your support, nothing would be possible.
Yuliya Chernykh
Lillehammer, 29 June 2021