Essays about: "ICSID"
Showing result 1 - 5 of 20 essays containing the word ICSID.
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1. 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
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2. Nationality requirements under ICSID: Treaty shopping and shell companies as conduits for foreign investors : An analytical study of the techniques used by investors to engage in treaty shopping and existing possible solutions.
University essay from Uppsala universitet/Juridiska institutionenAbstract : .... READ MORE
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3. The Essential Security Exception under International Investment Law - Analysis of the Dispute between Huawei and the Swedish Government as a Case Study
University essay from Lunds universitet/Institutionen för handelsrättAbstract : Along with the rapid development of investment and trade in the context of economic globalisation, a number of legal issues, risks and disputes related to the essential security exception have gradually emerged in the field of international investment. Although contracting states have consciously agreed on essential security exception regulations in the international investment system, the provisions of essential security exception regulations in investment agreements vary from country to country, and there are differences in the interpretation and application of the exception provisions by arbitral tribunals. READ MORE
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4. Recognition and Enforcement of International Investment Arbitral Awards in the People's Republic of China : the legal obstacles and problems under the ICSID Convention and the New York Convention
University essay from Uppsala universitet/Juridiska institutionenAbstract : The enforcement mechanism of international investment arbitral awards is an es- sential safeguard for resolving investment disputes. Under the existing machinery, the ICSID Convention and the New York Convention provide an effective legal framework for the enforcement of international arbitral awards. READ MORE
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5. Appeal mechanisms and Investment Court Systems in Investor-State Dispute Settlement : An analysis of AM and ICS suggestions, in light of contemporary reform
University essay from Uppsala universitet/Juridiska institutionenAbstract : We begin with a short analysis of the history of Investor-State Dispute Settlement (ISDS). We then discuss the merits and demerits of the regime, such as the arguments between finality, speediness, and correctness. READ MORE
