Essays about: "arbitration cases"

Showing result 1 - 5 of 32 essays containing the words arbitration cases.

  1. 1. Transfer pricing adjustments derived from state aid cases - Are corresponding adjustments mandatory for EU Member States?

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Ruby Michelle De Fátima Rojas Ixtacuy; [2022]
    Keywords : Corresponding adjustments; State Aid; Transfer pricing; Dispute Resolution Mechanisms; Arbitration; OCDE; double economic taxation; EU Member States; EU tax law; Tax Law; Law and Political Science;

    Abstract : When an EU MS executes a state aid recovery decision, specifically those cases regarding Advance Pricing Agreements (APAs), an economic double taxation issue and a potential TP dispute may arise, which could be generated by the need for the application of a corresponding adjustment. In any case, each jurisdiction has the discretion to determine if the application of a corresponding adjustment should be made. READ MORE

  3. 2. Corruption of the Investor as a Ground for Excluding the Jurisdiction of Arbitral Tribunal in International Investment Arbitration

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Shokhrukh Khamidov; [2022]
    Keywords : Investment law; arbitration; dispute resolution; corruption; jurisdiction;

    Abstract : Corruption, and in particular the bribery of public officials, causes great harm to society, especially in countries with economies in transition and in developing countries. Pervasive corruption affects both citizens and businesses. READ MORE

  4. 3. 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

  5. 4. Ukrainian Investors’ Extraterritorial Crimean Quagmire : How to Overcome Jurisdictional Hurdles, Litigation Tactics, and Non-Voluntary Compliance Presented by Russia

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Yelyzaveta Holovan; [2021]
    Keywords : Investment treaty arbitration; arbitration; Crimea investment dispute; BIT; Russia; litigation tactics;

    Abstract : In 2014 Russia took control over Crimea, and significant numbers of Ukrainian investors pursued investment claims against Russia regarding investments in Crimea made prior to the annexation.Thus, a fundamental concern is the applicability of the Ukraine-Russia BIT to such investments. READ MORE

  6. 5. Third Party Funding in International Commercial Arbitration : Disclosure Challenges in Primary and Secondary Markets of Legal-Claims

    University essay from Stockholms universitet/Juridiska institutionen

    Author : Iyad Al Khatib; [2021]
    Keywords : International Commercial Arbitration; Third-Party Funding; Disclosure; Primary and Secondary Markets of Legal Claims;

    Abstract : Third-party funding (TPF) has grown to be a popular phenomenon in the past two decades with a large global market (billions of USD). This success came with new complications regarding conflicts of interest that threaten the impartiality and independence of arbitrators who may have common-interests with funders. READ MORE