Essays about: "UNCITRAL"

Showing result 1 - 5 of 15 essays containing the word UNCITRAL.

1. 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 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

3. 2. A Rebalancing Act? - Human Rights and Environmental Counterclaims in International Investment Arbitration

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

   Author : Ellen Bisting; [2022]
   Keywords : public international law; international investment law; ISDS; international arbitration; human rights; environment; counterclaims; Law and Political Science;

   Abstract : International investment law (IIL) is a highly complex area of law that consists of around 3000 international investment agreements (IIAs) that aim to promote and protect foreign investment. They provide for investor-State dispute settlement (ISDS) which gives investors the right to sue host States directly through international arbitral tribunals. READ MORE

4. 3. Quest for Harmonization to Implement Electronic Bills of Lading: An International Perspective

   University essay from Göteborgs universitet/Juridiska institutionen

   Author : Kristoffer Koch; [2021-06-21]
   Keywords : Electronic bills of lading; Harmonization; International carriage of goods by sea; Maritime law; Shipping;

   Abstract : The lack of legislation on electronic bills of lading is an important existing lacuna in the prevailing legal regimes on the international carriage of goods by sea. The Hague/Hague-Visby Rules are increasingly becoming unable to take the modern realities of shipping into consideration and attempts at creating new conventions in this area of law have failed to gain widespread adherence. READ MORE

5. 4. 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

6. 5. The Future of Carriage of Goods by Sea: A Legal Analysis of Electronic Bills of Lading

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

   Author : Hanif Rajabi; [2019]
   Keywords : Law; Maritime Law; Transportation Law; International Private Law; Sjörätt; Transporträtt; Rotterdam; Bills of Lading; Law and Political Science;

   Abstract : The commercial carriage of goods by sea is a vital part of global trade. Considering how the planet is constructed, this is unlikely to change. While technological advances are constantly made, the maritime sector has been limited due to lack of a modern legal framework covering electronic transport records. READ MORE