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Jurisdiction and Admissibility in Investment Arbitration. A View from the Bridge at the Practice

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image of The Law & Practice of International Courts and Tribunals

The jurisdiction of international courts and tribunals and the admissibility of inter-State claims under international law are central to international adjudication, operating as a gateway to the litigation on the merits – the end goal of the proceedings. Still, these concepts remain inherently under-defined, and can be shaped in multiple ways to formulate preliminary objections in international litigation in general. International investor-State arbitration adds specific aspects and complexities to the issue. This introductory contribution accounts for the theoretical deficiencies underpinning the notions of jurisdiction and admissibility, with a special focus on international investment arbitration, and introduces the selected case-studies which form the subject-matter of the articles in this Special Issue. The recent Urbaser award is also used as an example of the unexplored potential of novel – and critical – legal argumentation relating to the jurisdiction of investment tribunals.

Affiliations: 1: School of Law, University of Edinburgh Filippo.Fontanelli@ed.ac.uk ; 2: Università di Bologna Attila.Tanzi@unibo.it

10.1163/15718034-12341339
/content/journals/10.1163/15718034-12341339
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/content/journals/10.1163/15718034-12341339
2017-06-21
2018-07-15

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