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Showing result 1 - 5 of 128 essays matching the above criteria.
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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
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2. A Comparative Study of Injunctive Relief and Specific Performance in the Arbitral Forum
University essay from Stockholms universitet/Juridiska institutionenAbstract : This thesis concerns the issue of injunctive relief and specific performance in arbitration. The availability of such relief varies significantly between different jurisdictions and the issue is further complicated when parties opt out of litigation in favor of arbitration, not the least in terms of enforcement. READ MORE
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3. Application of the UNIDROIT Principles in International Commercial Arbitration: An Arbitrator’s Discretion in ICC Arbitration
University essay from Stockholms universitet/Juridiska institutionenAbstract : The use of the UNIDROIT Principles of International Commercial Contracts has seen a growing prevalence in international commercial arbitration aided by the recognition of rules of law by various arbitration legislation and institutional rules. These principles are applied in various ways, including as substantive law and as a means of interpreting or supplementing domestic law and uniform law instruments. READ MORE
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4. From Aggression to Arbitration : Investment Protection in Eastern Ukraine in Light of Russia’s Annexation and the Crimea Jurisprudence
University essay from FörsvarshögskolanAbstract : .... READ MORE
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5. 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
