Essays about: "Investment Treaty Arbitration"

Showing result 1 - 5 of 24 essays containing the words Investment Treaty Arbitration.

  1. 1. Proportionality in Investment Treaty Arbitration and the Necessity for Tribunals to Adopt a Clear Methodology

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Lasse Langfeldt; [2019]
    Keywords : Proportionality; Investment Treaty Arbitration; TECMED; proportionate; reasonableness; reasonable; Principle of Proportionality;

    Abstract : Whenever states’ rights to regulate and investor’s interests conflict with each other it is an unsolved question in investment treaty arbitration how one should balance those two positions. In particular, it is indefinite where to draw the line at what point states can actually exercise their rights without unlawfully violating the investor’s interests. READ MORE

  2. 2. Jurisdictional implications of non-recognition of illegal territorial acquisition’s obligation in investment treaty arbitration

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Yaroslava Zahoruiko; [2019]
    Keywords : Non-recognition rule; Crimean cases; annexation; jurisdiction; investment protection; occupied territories;

    Abstract : The thesis aims to analyze to what extent the non-recognition of illegal territorial acquisition rule is applicable in investment treaty arbitration and specifically whether it may constitute a jurisdictional hurdle depriving investors of the opportunity to effectively seek the protection of their investments on illegally acquired territories through investment treaty arbitration. . READ MORE

  3. 3. Investment Treaty Arbitration and Transparency : Transparency, confidentiality and the public interest in international investment disputes

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Ebba Söderberg; [2019]
    Keywords : arbitration; transparency; predictability; investment treaty arbitration; public interest; confidentiality; chilling effect;

    Abstract : Investment treaty arbitration has borrowed a number of elements from commercial arbitration, including confidentiality. The scope of confidentiality in investor-state arbitrations can make it hard for amicus curiaeto participate in the arbitral proceedings. READ MORE

  4. 4. 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

  5. 5. To BIT or not to BIT? : The effects of changes in effective control and temporal scope on investment tribunal jurisdiction under Ukraine - Russia BIT

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Olga Kuchmiienko; [2019]
    Keywords : international arbitration; investment treaty arbitration; tribunal`s jurisdiction; arbitration agreement; public international law; territory; effective control in the territory; Ukraine - Russia BIT; treaty interpretation; consent to arbitration;

    Abstract : The thesis answers the question "How does the change in effective control affect investment protection mechanisms in the Ukraine - Russia BIT against the temporal scope of when investment was made?". The essence of the Tribunal's jurisdiction, territorial and temporal scope of the Ukraine - Russia BIT were analyzed according to the rules of Vienna Convention on the Law of Treaties. READ MORE