Domestic Law in International Investment Arbitration

Abstract

Domestic law plays an important role in investment treaty arbitration. But we know too little about this role. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions, with significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members, have received limited attention. Drawing on case-law, international law principles, and comparative analysis, this book offers answers.