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Applicable Law In Investor-State Arbitration

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Chapter Summary

Investor-State arbitration has seen tremendous growth in the last decade. Most of the cases are administered by the World Bank Group's International Centre for Settlement of Investment Disputes (ICSID) under its constituent Convention or Additional Facility Rules. The principal provisions of the Convention on applicable law are in Article 42(1). The formula "rules of law" rather than "the law" applicable to the merits has since also been adopted for such other instruments as the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. The bilateral investment treaty (BIT)concerned, in five of the 20 cases, specifically provided that the BIT, general international law principles and host State law should be applied by tribunals constituted in investor-State proceedings under the BIT.

Keywords:applicable law; bilateral investment treaty (BIT); ICSID; International Commercial Arbitration; Investor-State arbitration; UNCITRAL



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