(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.