uu.seUppsala University Publications
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Is There Such a Thing as Admissibility in Investment Arbitration?
Morssing & Nycander, Stockholm, Sweden.
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. LLM Investment Treaty Arbitrat, Uppsala, Sweden.
2018 (English)In: ICSID Review: Foreign Investment Law Journal, ISSN 0258-3690, E-ISSN 2049-1999, Vol. 33, no 2, p. 525-559Article in journal (Refereed) Published
Abstract [en]

The concepts of jurisdiction and admissibility regularly figure in the reasoning of investment tribunals. Most often, the concept of admissibility is accepted without further reflection and occasionally a delimitation of the concept - particularly in relation to jurisdiction - is attempted. However, only in a few instances have arbitrators questioned the usefulness or even the legitimacy of a concept of "admissibility'' in investment arbitration. This also holds true for legal writings where admissibility - e.g. in relation to jurisdiction and tribunal competence - is discussed without the very existence of this concept in treaty-based investment arbitration being questioned. This paper posits that the concept of admissibility has no role to play in investment arbitration. There is no need to make any inquiry into whether a certain objection concerns the "admissibility'' of a claim. If admissibility is discussed at all it must proceed further to a decision on jurisdiction or - alternatively and exceptionally - a finding that the "admissibility'' objection is relevant for the merits.

Place, publisher, year, edition, pages
2018. Vol. 33, no 2, p. 525-559
National Category
Law and Society
Identifiers
URN: urn:nbn:se:uu:diva-373220DOI: 10.1093/icsidreview/siy009ISI: 000454227400010OAI: oai:DiVA.org:uu-373220DiVA, id: diva2:1278017
Available from: 2019-01-11 Created: 2019-01-11 Last updated: 2019-01-11Bibliographically approved

Open Access in DiVA

No full text in DiVA

Other links

Publisher's full text
By organisation
Department of Law
In the same journal
ICSID Review: Foreign Investment Law Journal
Law and Society

Search outside of DiVA

GoogleGoogle Scholar

doi
urn-nbn

Altmetric score

doi
urn-nbn
Total: 77 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf