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.

Fontanelli, F., Tanzi, A. (2017). Jurisdiction and Admissibility in Investment Arbitration. A View from the Bridge at the Practice. THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS, 16(1), 3-20 [10.1163/15718034-12341339].

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

TANZI, ATTILA MASSIMILIANO
2017

Abstract

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.
2017
Fontanelli, F., Tanzi, A. (2017). Jurisdiction and Admissibility in Investment Arbitration. A View from the Bridge at the Practice. THE LAW AND PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS, 16(1), 3-20 [10.1163/15718034-12341339].
Fontanelli, F; Tanzi, A
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/608482
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