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PART II JURISDICTION, 9 MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES

Christoph Liebscher

From: International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Edited By: Christina Binder, Ursula Kriebaum, August Reinisch, Stephan Wittich

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 05 May 2021

This chapter touches on several issues which arise when the activity (or inactivity) of domestic courts becomes an issue in investment arbitration.1 Several of the subjects have attracted the attention of Christoph Schreuer in the past. This little token of gratitude attempts to propose some amateur musings, no more. The behaviour of domestic courts is an activity of the State and subject to the same review under international law as the behaviour of any other organ of the State. Whether an act of parliament, a ministerial decree, or a court judgment violates...
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