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- Title
Jurisdiction and admissibility: are we any closer to a line in the sand?
- Authors
Gouiffès, Laurent; Ordonez, Melissa
- Abstract
While the distinction between the concepts of jurisdiction and admissibility in investment arbitration did not appear particularly significant to the first tribunals faced with the question, a review of several recent awards reveals that in the past few years, certain investment tribunals have referred to and acknowledged the importance of the distinction. In this context, this article aims to analyse whether a consistent approach to the application of the distinction has been adopted, and discusses the practical implications that the distinction (and any inconsistencies in its application) may have.
- Subjects
INVESTMENT treaties -- Law &; legislation; ARBITRATION &; award; WASTE Management Inc.; COMMERCIAL law; JUDICIAL review of arbitral awards; ACTIONS &; defenses (Law)
- Publication
Arbitration International, 2015, Vol 31, Issue 1, p107
- ISSN
0957-0411
- Publication type
Article
- DOI
10.1093/arbint/aiv024