(Download) "Forbidding Depecage: Law Governing Investment Treaty Arbitration." by Suffolk Transnational Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Forbidding Depecage: Law Governing Investment Treaty Arbitration.
- Author : Suffolk Transnational Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 348 KB
Description
I. INTRODUCTION The law governing international arbitration has been a field of considerable conceptual controversy. The debate goes back to the 1960's and 1970's, when distinguished scholars such as F.A. Mann, Berthold Goldman, Philippe Fouchard and others argued whether international arbitration should be considered an autonomous system of law, a new lex mercatoria, or whether it ultimately remained subject to the applicable local legal system. (1) As is well known, the former view was shared by many French arbitration scholars, whereas the latter, more "conservative" view tended to dominate in the United Kingdom and other common law jurisdictions.