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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Arbitration Without Privity

Jan Paulsson

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 September 2020

Subject(s):
Nationality of corporations — Nationality of investor — Most-favoured-nation treatment (MFN) — Abuse of process — Consent to jurisdiction through legislation — Consent to jurisdiction through treaties — Counterclaims

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 The heading of this entry is identical to the title of an article the present author published in 1995 (Paulsson, 1995), which called attention to the phenomenon of a new species of arbitration based on national investment laws or, more often, bilateral or multilateral international treaties. By such laws and treaties, host states promise investors to seek redress for grievances against the state through international arbitration irrespective of the possible absence of a prior contractual relationship between the investor and the state (Investments, Bilateral...
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