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The Use of Commercial Arbitration Rules in Investment Treaty Disputes
Domestic Courts, Commercial Arbitration Institutions and Tribunal Jurisdiction
Series: - International Litigation in Practice, Volume: 11
Author:
Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used.
Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquistâs book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions â the ICC and the SCC â have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquistâs book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions â the ICC and the SCC â have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
Joel Dahlquist holds a doctorate in international investment and trade law from Uppsala University (2019), where he has been teaching since 2013. He is currently Counsel with Arbitration Chambers in London and New York.
Acknowledgements
List of Figures
Abbreviations
Introduction
1 The Research Focus and Its Context
â1 Introduction
â2 The Bigger Picture
â3 First Focus: Domestic Courtsâ Interpretation of Treaty-Based Arbitral Tribunal Jurisdiction
â4 Second focus: Commercial Arbitration Institutions and Treaty-Based Arbitral Tribunal Jurisdiction
â5 Outline
2 Commercial Arbitration Rules in Investment Treaties - A Historic Background
â1 The (Very) Early Treaty Practice: ICSID Monopoly
â2 The Early Years at ICSID
â3 The Rise of Non-ICSID Rules
â4 Two Potential Explanations
â5 Interim Conclusion
3 Domestic Courts and Lex Loci Arbitri in Treaty-Based Arbitration: Challenges of Awards
â1 Challenges of Investment Treaty Arbitration Awards â The Legal Framework
â2 Specifijic Issues Arising from Challenges in Domestic Courts
â3 Consequences of Challenging Treaty-Based Awards in Domestic Courts
4 Investment Treaty Disputes at Commercial Arbitration Institutions
â1 Organization
â2 The Arbitration Rules
â3 âJurisdictionalâ Considerations by Institutions
â4 Emergency Arbitration
â5 Discussion: The Scope of Institutional Decision-Making
5 Conclusions
â1 Introduction
â2 Lex Loci Arbitri â the Domestic Anchor
â3 Internal Fragmentation
â4 Future Outlooks â on the Desirability of Non-ICSID Rules in Investment Arbitration
â5 Concluding Remarks
List of Figures
Abbreviations
Introduction
1 The Research Focus and Its Context
â1 Introduction
â2 The Bigger Picture
â3 First Focus: Domestic Courtsâ Interpretation of Treaty-Based Arbitral Tribunal Jurisdiction
â4 Second focus: Commercial Arbitration Institutions and Treaty-Based Arbitral Tribunal Jurisdiction
â5 Outline
2 Commercial Arbitration Rules in Investment Treaties - A Historic Background
â1 The (Very) Early Treaty Practice: ICSID Monopoly
â2 The Early Years at ICSID
â3 The Rise of Non-ICSID Rules
â4 Two Potential Explanations
â5 Interim Conclusion
3 Domestic Courts and Lex Loci Arbitri in Treaty-Based Arbitration: Challenges of Awards
â1 Challenges of Investment Treaty Arbitration Awards â The Legal Framework
â2 Specifijic Issues Arising from Challenges in Domestic Courts
â3 Consequences of Challenging Treaty-Based Awards in Domestic Courts
4 Investment Treaty Disputes at Commercial Arbitration Institutions
â1 Organization
â2 The Arbitration Rules
â3 âJurisdictionalâ Considerations by Institutions
â4 Emergency Arbitration
â5 Discussion: The Scope of Institutional Decision-Making
5 Conclusions
â1 Introduction
â2 Lex Loci Arbitri â the Domestic Anchor
â3 Internal Fragmentation
â4 Future Outlooks â on the Desirability of Non-ICSID Rules in Investment Arbitration
â5 Concluding Remarks
Practising lawyers, government officials, academic libraries, researchers and post-graduate students â all in the field of international arbitration.