Essays about: "European Court of Arbitration"

Showing result 1 - 5 of 10 essays containing the words European Court of Arbitration.

  1. 1. Komstroy: Invalidating investor-State Arbitration Under the Energy Charter Treaty in intra-EU Disputes : Manifesting the Principle of Autonomy of the EU Legal Order, the International Law Infraction and the Investors Caught in Between

    University essay from Stockholms universitet/Juridiska institutionen

    Author : Larissa Barhebréus; [2022]
    Keywords : ;

    Abstract : This thesis analyses the Court of Justice of the European Union (the Court) recent ruling Komstroy on the compatibility between the EU Treaties and the investor-State arbitration mechanism contained in Article 26 of the multilateral 1994 Energy Charter Treaty (ECT). The Court determined that Article 26 ECT is inapplicable in intra-EU disputes, albeit the European Union (EU) being a Contracting Party to the ECT, because such alternative methods for dispute settlement threatens the autonomy of the EU legal order. READ MORE

  2. 2. 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 institutionen

    Author : David Drakopoulos; [2021]
    Keywords : arbitration; investor; State; ISDS; IIA; BIT; appellate mechanism; AM; Investment Court System; ICS; economic imperialism; status quo; regime; environment; human rights; multilateral investment court; MIC; UNCITRAL; ICSID; CETA; ECA; European Court of Arbitration; foreign investment; capital; capital importing; capital exporting; reform; international investment law; IIL;

    Abstract : 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

  3. 3. An Investment Court System : Perpetuating or Reforming the Legitimacy Crisis in Investor-State Arbitration?

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Tadhg Rush; [2019]
    Keywords : Investment Court System; European Union; Legitimacy Crisis; Investor-State Arbitration; Reform;

    Abstract : For the last two to three decades there has been an on-going legitimacy debate surrounding Investment Treaty Arbitration. States, scholars and public opinion argue that reform is needed. The European Union proposes the reform of Investor-State Arbitration through the creation of an Investment Court System. READ MORE

  4. 4. Patents and SMEs. Managing intimidation activities from financial strong actors

    University essay from Göteborgs universitet/Juridiska institutionen

    Author : Christoffer Hermansson; [2011-05-18]
    Keywords : Immaterialrätt;

    Abstract : The problems technology based Small and Medium sized Entities (SMEs) face in their daily business´ regarding intimidation actions performed by financially stronger parties affect their business development activities. This is especially true for SMEs building their business from intellectual assets (IA) and intellectual property (IPR), such as patents, trademark, copyright, knowhow, databases etc. READ MORE

  5. 5. Player Mobility Restraints Within the European Football Industry

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Victoria Lundberg; [2010]
    Keywords : European Business Law; Law and Political Science;

    Abstract : For the past fifteen years, ever since the Court of Justice’s ruling in its landmark case Bosman, the sporting rules governing player mobility have been a hot topic. The ruling prohibited transfer fees for players out-of-contract thus putting an end to the restrictive transfer system hindering the free movement of football players. READ MORE