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The Applicable Substantive Law in International Investment Arbitration: A Critical Analysis and a Proposal for a New Framework

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Critical analysis of substantive law application in international investment arbitration, suggesting a framework for improvement.

The article aims to analyze the complexities surrounding the substantive law in international investment arbitration and propose a new framework for its application.
Examines the evolution of international investment law and its implications since the mid-twentieth century.
Assesses the limitations on party autonomy in existing arbitration practices.
Reviews existing theories relevant to the determination of applicable law in international investment disputes.
No current arbitration theories provide an adequate mechanism for establishing applicable law.
Recommendations are made regarding the nature of foreign investment contracts and adjustments to the legal framework.
Emphasizes the superior role of public international law over contractual and private agreements in investment arbitration.

Jafar Nezamolmolki (2026) studied this question.

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