This book investigates the complex legal determination of which body of law—national or international—should govern disputes between investors and host states in arbitration proceedings. Hege Elisabeth Kjos, a scholar in international investment law, analyzes the structural and procedural frameworks that influence how arbitral panels select and apply applicable law. The work argues that the specific legal environment in which these tribunals operate significantly dictates the resulting choice of law, rather than the arbitration agreements themselves providing clear guidance.

Legal scholars and practitioners frequently cite this work as a rigorous examination of the normative challenges inherent in investment arbitration. Experts highlight the text as a valuable resource for understanding the systemic tensions between sovereign law and international obligations.