Essays about: "Arbitration agreement"
Showing result 1 - 5 of 29 essays containing the words Arbitration agreement.
-
1. Charting fossil fuel investment protection in the EU beyond the Energy Charter Treaty
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : Under international law, foreign direct investments are protected by a patchwork of bilateral or multilateral investment treaties. International investment agreements have been criticised for protecting foreign direct fossil fuel investments and limiting the regulatory space of host states, thus creating obstacles for a green transition. READ MORE
-
2. BITing Back - A Study of the Conditions for Respondent State Counterclaims in Investor-State Investment Arbitration under Bilateral Investment Treaties
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : In this thesis, I present a study of the conditions for a respondent state to introduce counterclaims in the same arbitration as an investor’s initial claim in a dispute arising from a Bilateral Investment Agreement (BIT). The study shows that although the most widely used procedural frameworks for arbitration explicitly allow for counterclaims, tribunals have adopted a restrictive approach to counterclaims, generally rejecting them, even when the arbitration clause in the relevant BIT has been drafted in a way that leaves open the possibility for the tribunal to rule on other disputes than solely the ones arising from an alleged breach of the host state’s treaty obligations towards the foreign investor. READ MORE
-
3. Transfer pricing adjustments derived from state aid cases - Are corresponding adjustments mandatory for EU Member States?
University essay from Lunds universitet/Institutionen för handelsrättAbstract : When an EU MS executes a state aid recovery decision, specifically those cases regarding Advance Pricing Agreements (APAs), an economic double taxation issue and a potential TP dispute may arise, which could be generated by the need for the application of a corresponding adjustment. In any case, each jurisdiction has the discretion to determine if the application of a corresponding adjustment should be made. READ MORE
-
4. “The Maritime Border Disputes of Croatia A study within the legal field of international maritime law concerning the on-going maritime border disputes between the Republic of Croatia, Republic of Slovenia, the State of Bosnia and Herzegovina and the State of Montenegro”
University essay from Göteborgs universitet/Juridiska institutionenAbstract : Since the break-up of the Socialist Federal Republic of Yugoslavia, the Republic of Croatia has been involved in maritime border disputes with its neighbours the Republic of Slovenia, the State of Bosnia and Herzegovina and the State of Montenegro. During the past decades after gaining independence, the States have tried to solve the disputes with numerous negotiations and agreements. READ MORE
-
5. The Function of Arbitral Tribunals in the Development of Human Rights Obligations of the Investors
University essay from Lunds universitet/Institutionen för handelsrättAbstract : What is often more important in the international investment agreements between a private investor and the host country is to ensure the investors' economic security in the host country. However, recently, one of the concerns in most of these agreements is human rights. READ MORE
