12.01 This chapter examines the applicable law and the interpretation of consent to arbitration. Arbitral tribunals constituted to resolve transnational disputes are creatures of consent.1 This makes the question of consent’s interpretation and the closely related issue of the applicable law to consent so important. However, contrary to commercial arbitration, disputes on jurisdiction in investment arbitration are often not about interpreting an arbitration agreement in the classical sense between the parties, but rather about interpreting statutes, treaties, and...
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