Introduction: Systemic Dialogue: Identifying Commonalities and Exploring Linkages in Private and Public International Law

2020 ◽  
Vol 69 (4) ◽  
pp. 759-787
Author(s):  
Stephen Donnelly

AbstractWhen an investor submits a claim to arbitration under a treaty that falls within the scope of an existing, contractual forum-selection clause between it and the host State, which prevails: the agreement to arbitrate under the treaty or the contractual clause? This is a vexed and commonly arising question. This article argues that by placing it in the context of both private and public international law and reasoning from first principles it is possible to arrive at a coherent, reliable and satisfactory approach. The true question is whether the contractual clause is a waiver of the investor's right to recourse to an investment tribunal.


2005 ◽  
Vol 54 (3) ◽  
pp. 539-562 ◽  
Author(s):  
Roy Goode

I feel privileged to have been invited to deliver this yearřs FA Mann lecture in succession to a long line of distinguished lawyers who have paid their own tribute to one of the most outstanding German legal émigrés of the 1930s. Francis Mann became a legend in his lifetime for his profound scholarship and his expertise in international and commercial litigation. While still in Germany he had fallen under the spell of the legendary Martin Wolff, the great conflicts lawyer, with whom he was able to resume contact years later in England. Mann himself was to become a leading light in both private and public international law. He had strong views on everything, a few of them decidedly unorthodox. His workThe Legal Aspect of Moneybecame a classic, and he died in bed while correcting the proofs of the fifth edition. Happily, Charles Proctor has taken over the mantle of editing the sixth edition, which has now been published by Oxford University Press. Full details of the contributions to English law by Wolff, Mann and other outstanding German émigré lawyers will be found in a collection of essays in a fine new publication,Jurists Uprooted, edited by Sir Jack Beatson and Professor Reinhard Zimmerman.


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