Essays about: "Investment Treaty Arbitration"

Showing result 1 - 5 of 38 essays containing the words Investment Treaty Arbitration.

  1. 1. Charting fossil fuel investment protection in the EU beyond the Energy Charter Treaty

    University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

    Author : Sofia Gierow; [2023]
    Keywords : public international law; EU law; international investment law; Energy Charter Treaty; foreign direct investment; bilateral investment treaty; fossil fuels; fair and equitable treatment; expropriation; legitimate expectations; Law and Political Science;

    Abstract : 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

  3. 2. From Aggression to Arbitration : Investment Protection in Eastern Ukraine in Light of Russia’s Annexation and the Crimea Jurisprudence

    University essay from Försvarshögskolan

    Author : Davit Khachatryan; [2023]
    Keywords : Crimea; Annexation; Occupation; Moving Treaty-Frontiers; Aggression; Non- Recognition; Territory; International Humanitarian Law; Arbitral Jurisdiction; Eastern Ukraine.;

    Abstract : .... READ MORE

  4. 3. 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 fakulteten

    Author : Anna Perklev; [2023]
    Keywords : public international law; international investment law; international investment arbitration; respondent state counterclaims; counterclaims; bilateral investment treaties; treaty arbitration; ICSID; UNCITRAL; ICC; SCC; Law and Political Science;

    Abstract : 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

  5. 4. Replacing Investment treaty arbitration? Problems, reform, and transformation

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Sirvan Ahmadzadeh; [2022]
    Keywords : ISDS; ITA; Reform proposal; Transformative proposal; MIC; ICS.;

    Abstract : .... READ MORE

  6. 5. THIRD-PARTY FUNDING IN INVESTOR-STATE ARBITRATION

    University essay from Uppsala universitet/Juridiska institutionen

    Author : VICTOR NNAMDI FORGHE; [2022]
    Keywords : Third-Party Funding; Disclosure; Litigation Privilege; Confidentiality; Regulation; ISDS; Investment Treaty Arbitration.;

    Abstract : Third-Party funding refers to a financing arrangement in which a non-party entityprovides financial resources to a disputing party in return for some benefits whichis usually dependent on the outcome of the dispute before the court or tribunal.These benefits could be for pecuniary profits or for the achievement of somepolicy objectives. READ MORE