Domestic Law in International Investment Arbitration

By Jarrod Hepburn, Published by Oxford University Press, April 2017

Drawing on case law, international law principles and comparative analysis, this book addresses when and how investment tribunals should engage with domestic law. Part I examines three areas of investment law—fair and equitable treatment, expropriation and remedies—in which the role of domestic law has been under-appreciated, and argues that tribunals are justified in drawing on domestic law in rulings on these issues. Part II evaluates how tribunals have ruled on questions of domestic law to date, and proposes a normative framework for ascertaining the contents of domestic law. The book contends that closer attention to domestic law could reduce criticism of investment arbitration. Available at