Investor-State Arbitration (1st Edition)
Christopher F Dugan
et al.
Published:
18 September 2008
Online ISBN:
9780199360758
Print ISBN:
9780379215441
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Contents
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A. Introduction A. Introduction
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B. Fundamental Concepts Relating to Consent B. Fundamental Concepts Relating to Consent
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1. Methods of State Consent to Arbitration 1. Methods of State Consent to Arbitration
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2. Methods of Accepting the Government’s Offer to Arbitrate 2. Methods of Accepting the Government’s Offer to Arbitrate
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3. Irrevocability of Consent 3. Irrevocability of Consent
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4. Limitations on Consent Clauses 4. Limitations on Consent Clauses
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C. Arbitration Clauses in Investment Contracts C. Arbitration Clauses in Investment Contracts
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D. National Investment Legislation D. National Investment Legislation
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E. Investment Protection Treaties as Consent to Arbitration E. Investment Protection Treaties as Consent to Arbitration
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F. Investment Arbitration Based on Compromis F. Investment Arbitration Based on Compromis
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As an Amazon Associate OUP earns from qualifying purchases.
Chapter
X Consent to Arbitral Jurisdiction
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Pages
219–246
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Published:18 September 2008
Cite
Dugan, Christopher F, and others, 'Consent to Arbitral Jurisdiction', Investor-State Arbitration, 1st Edition (2008; online edn, Oxford Law Pro), https://doi.org/10.1093/law:iic/9780379215441.003.0010, accessed 14 July 2026.
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Abstract
The jurisdiction of all international arbitration tribunals is based on the consent of the parties. The requirement of consent to arbitral jurisdiction in the context of investor-state arbitration is also a corollary of the principle that “there is no power superior to the states which can force a judge upon them.” There is nothing to preclude states from voluntarily submitting a dispute to a court or tribunal, however, and nothing can prevent them from making that submission irrevocable. This chapter discusses the fundamental concepts relating to consent, arbitration clauses in investment contracts, national investment legislation, investment protection treaties as consent to arbitration, and investment arbitration based on compromise
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