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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Contract Claims: Investment Arbitration

Jean Ho

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 30 November 2020

Expropriation of contract rights — Arbitration — Contract claims

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Disputes between foreign investors and host States or State entities that are contractual in origin are the predominant category of disputes submitted to investment arbitration (Ho, 2018, 1). This is because foreign investment usually enters host State territory via a contract or series of contracts (Salacuse, 2013, 40), thereby raising the frequency of disputes that are contractual in origin. Investment arbitration is a form of consensual adjudication where disputing parties consent to submit their dispute for adjudication by a tribunal appointed in accordance...
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