Jurisdiction and Admissibility in Investment Arbitration: The Practice and the Theory

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Filippo Fontanelli

Jurisdiction and Admissibility in Investment Arbitration

The Practice and the Theory

Filippo Fontanelli

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English

Brill
12 April 2018

Investment treaties & disputes; International arbitration

Series: Brill Research Perspectives in International Investment Law and Arbitration

In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background.

The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.

By: Filippo Fontanelli
Imprint: Brill
Dimensions: Height: 235mm, Width: 155mm, Spine: 11mm
Weight: 323g
ISBN: 9789004366480
ISBN 10: 9004366482
Series: Brill Research Perspectives in International Investment Law and Arbitration
Pages: 200
Publication Date: 12 April 2018
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Filippo Fontanelli, Ph.D. (2012, Sant’Anna School, Pisa), is Senior Lecturer of International Economic Law at the University of Edinburgh. He held visiting positions at the University of Stockholm; the Universidad de La Sabana, Bogota; LUISS, Rome and the University of Vienna.