11.01 This chapter examines how the host State and the foreign investor express their consent to arbitration and how mutual consent to arbitration is reached. The chapter begins by indicating that formal requirements also have to be fulfilled in investment arbitration (Section A). The chapter further discusses the conditions prior to consent to arbitration, ie fork in the road provisions, the waiver of local remedies, and the amicable negotiation period requirement (Section B). 11.02 The main part of the chapter illustrates the ways in which the foreign investors...
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