Chapter 5 Towards a New Jurisdictional Framework of Investment Treaty Arbitration

In: Beyond Consent
Author:
Relja Radović
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Chapter 5 makes a normative proposal in favour of the recognition and integration of the arbitral regulatory function into the jurisdictional framework of investment treaty arbitration. It addresses the impetus behind the production of jurisdictional rules in arbitral practice. It then sketches a two-layered model of jurisdictional regulation, consisted of primary (party-created) and secondary (arbitrator-created) jurisdictional rules. It also addresses some challenges of the proposed model and places it within a broader context of the international legal order.

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