Essays about: "arbitration clause"
Showing result 1 - 5 of 15 essays containing the words arbitration clause.
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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 fakultetenAbstract : 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
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2. Sunset Clauses in International Law and Their Consequences for EU Law
University essay from Uppsala universitet/Juridiska institutionenAbstract : Nowadays, with the development of international economy, international investment has become one of the most important ways to prompt global economic development. The number of the bilateral treaties (BITs) and multilateral treaties are increasing as well. READ MORE
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3. The Dark Side of the Swiss Approach to the Enforcement of Multi-Tiered Clauses : A study on the nature of multi-tiered clauses
University essay from Stockholms universitet/Juridiska institutionenAbstract : Since 2007, Swiss caselaw has developed in a satisfactory manner with regard to the enforcement of multi-tiered clauses. Not only has the Swiss Federal Supreme Court clearly established the cumulative requirements that have to be met to enforce the pre-arbitral tier contained in a multi-tiered clause when a party does not comply with it and directly files an arbitration claim, but the Court has also resolved the question of how the arbitral tribunal should sanction such a violation. READ MORE
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4. Relations of Power and Democratic Accountability in Investor-State Arbitration
University essay from Stockholms universitet/Juridiska institutionenAbstract : International investment agreements largely cover today’s transnational investments. These agreements confer certain substantive rights to foreign investors while simultaneously obliging host-states to act in a given manner so as to not interfere with the investments. READ MORE
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5. Bilateral Investment Treaties - A study on international investment law and arbitration, with special regards to ‘fair and equitable treatment’
University essay from Göteborgs universitet/Juridiska institutionenAbstract : AIMING towards increasing knowledge within the field of international investment law, a legal field traced by uncertainty and alike no other. DESIRING to research the regulatory system which controls international investments, which increase in amount each day. READ MORE
