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Dissertations / Theses on the topic 'Arbitration and investment treaties'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Sinclair, Anthony Charles. "State contracts in investment treaty arbitration." Thesis, University of Cambridge, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.648775.

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2

Pauker, Saar. "Characterization problems in investment treaty arbitration." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609210.

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3

Florou, Aikaterini. "Contractual renegotiations and International investment arbitration : a relational contract theory interpretation of investment treaties." Thesis, Paris, Institut d'études politiques, 2017. http://www.theses.fr/2017IEPP0026.

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La relation entre les traites internationaux d’investissement et les contrats sous-jacents reste un sujet très contentieux dans le domaine du droit international de l’investissement. Cette thèse explore l’interaction entre le contrat et le traité en utilisant la renégociation des contrats règlementaires dans le secteur de l’infrastructure énergétique comme un exemple d’ « expérience naturelle », en se focalisant en particulier sur les litiges arbitraux découlant de la crise économique en Argentine. A cette fin, un cadre analytique original, s’inspirant de l’économie des coûts de transaction et

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4

Glowinski, Lars. "International Arbitration - protection of foreign direct investments and foreign investment dispute settlement under ICSID and the bilateral investment treaties." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4622.

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This thesis shall represent the arbitration regime under the International Centre for Settlement of Investment Disputes (ICSID) in connection with protection mechanism of Bilateral Investment Treaties (BITs). It shall analyse the achievements of ICSID and BITs and their influence of foreign direct investments, investors and the host country. Finally, this thesis will try to assess the achievements in this area and discuss advantages or disadvantages for the involved parties. Individuals and corporations are interested in foreign direct investments (FDI) to exploit new markets, to realize or to

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5

Yackee, Jason D. Oatley Thomas H. "Sacrificing sovereignty bilateral investment treaties, international arbitration, and the quest for capital /." Chapel Hill, N.C. : University of North Carolina at Chapel Hill, 2007. http://dc.lib.unc.edu/u?/etd,737.

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Thesis (Ph. D.)--University of North Carolina at Chapel Hill, 2007.<br>Title from electronic title page (viewed Dec. 18, 2007). "... in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Political Science (International Relations)." Discipline: Political Science; Department/School: Political Science.

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6

Weeramantry, Joseph Romesh Gregory. "The interpretation of treaties by foreign investment arbitral tribunals." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/28971.

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This thesis explores the rules of treaty interpretation as they are applied by foreign investment arbitral tribunals ("FIATs"). Its primary aims are: a) to determine whether FIAT treaty interpretation practice is generally consistent with other international courts and tribunals; b) to assess whether the treaty interpretation rules contained in the 1969 Vienna Convention on the Law of Treaties ("Vienna Convention") are suitable for application in investor-State treaty disputes; and c) to evaluate the contribution of FIAT treaty interpretation jurisprudence to international law. The body of the

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7

Koch, Alexander. "The Interaction of Most-Favored-Nation (MFN) Clauses With Dispute Settlement Provisions in Investment Treaties : A New Continent to Discover?" Thesis, Stockholm University, Department of Law, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-7197.

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<p>The master thesis provides a comprehensive and comparative analysis of the scope of most-favoured-nation clauses, focusing on the application of such clauses to dispute resolution mechanisms in bilateral investment treaty’s (BIT).</p><p>The ICSID decision in Maffezini was the first in a series to extend the scope of an MFN clause to dispute resolution in such context. Traditionally, such a clause had been relied on regarding substantive rights. The debate evoked by this and subsequent decisions of arbitral tribunals, which often conflict with each other in their outcome and in their analyti

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8

Ferreira, Agata. "How and why does Sustainable Development influence International Investment Law in the current Globalization Era. Compatibility or Irreconcilability?" Doctoral thesis, Universitat Ramon Llull, 2017. http://hdl.handle.net/10803/456675.

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El dret d'inversió internacional s'ha convertit en un instrument jurídic potent de la gestió econòmica mundial. Amb la seva cobertura global dels tractats internacionals d'inversió i un mecanisme d'arbitratge d'inversió efectiva, la llei d'inversió internacional ofereix als inversors estrangers potents eines per protegir els seus interessos econòmics en els països d'acollida. Tal ampli abast territorial del règim i la seva capacitat per envair l'espai polític dels estats d'origen i la capacitat d'interferir amb les preocupacions socials crítics de les qüestions ambientals per al patrimoni naci

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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.

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Magister Legum - LLM<br>The main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australi

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10

Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.

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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eli

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11

吳思靜. "雙邊投資協定中保護傘條款的解釋適用之探折 : 兼論ICSID相關仲裁案例 = Reviewing the interpretation and application of umbrella clause in Bilatreral Investment Treaties : on the ICSID-related arbitration cases". Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2182063.

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12

Eichler, Stefan, and Jannik A. Nauerth. "Bilateral investment treaties and sovereign default risk." Technische Universität Dresden, 2021. https://tud.qucosa.de/id/qucosa%3A75267.

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This paper analyzes the impact of bilateral investment treaties (BITs) on sovereign bond returns of 25 emerging markets from 1993 to 2016. Under a BIT, foreign investors can use an international arbitration scheme to enforce compensation claims against the domestic government in case of direct or indirect expropriation. We focus on the so far unexplored effects of legal risk associated with BITs on sovereign creditworthiness. We find small unconditional effects of BITs on sovereign bond returns. Taking the heterogeneity of BITs and political regimes into account, we find robust and strong nega

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13

Al-Louzi, Rawan. "A coherence perspective of bilateral investment treaties." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/a-coherence-perspective-of-bilateral-investment-treaties(289a0e95-5cd3-404b-90c3-c6870cc8d487).html.

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Foreign investment is mainly protected through national laws. However the wide-spreading network of bilateral investment treaties aims to ensure a certain standard of protection. These treaties demonstrate far-reaching implications at both treaty level and international level. The implications raise an important question as to whether bilateral investment treaties are coherent or not. Coherence can be viewed as an attempt to prettify the law and minimise the effect of politics which may leave the law incoherent. It is obvious that bilateral investment treaties need to be coherent for a number

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14

Fathallah, Raed M. "International law in investment agreement arbitration." Thesis, University of Oxford, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.439724.

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15

Bonnitcha, Jonathan Merrington. "How much substantive protection should investment treaties provide to foreign investment?" Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:5e74c893-2224-403f-b3d3-06f23ed5c28f.

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This thesis contributes to academic debate about the question: how much substantive protection should investment treaties (IITs) provide to foreign investment? Chapters 5 and 6 argue that arbitral tribunals have interpreted fair and equitable treatment and indirect expropriation provisions of existing IITs in several different ways. Each of these interpretations is sketched as a model level of protection that could be explicitly adopted by states in the future, either through inclusion in new IITs, or through amendment to existing IITs. In this way, the thesis defines a range of prospective op

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Siegmann, Till. "The Impact of Bilateral Investment Treaties and Double Taxation Treaties on Foreign Direct Investments." St. Gallen, 2007. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02218667001/$FILE/02218667001.pdf.

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17

van, Harten Hendrik Hugh Angus. "The emerging system of international investment arbitration." Thesis, London School of Economics and Political Science (University of London), 2005. http://etheses.lse.ac.uk/2405/.

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The system of international investment arbitration is established by hundreds of investment treaties that have the following key features: 1. States authorize foreign investors (read multinational enterprises) to make and enforce international claims for damages against states in disputes arising from the state's exercise of public authority, without those claims being filtered by the investor's home state or by an international organization; 2. States are subjected to broadly-worded international standards that apply to a wide range of governmental activity, affording arbitration tribunals br

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18

Ghaffari, Peyman. "Jurisdiction & admissibility in international investment arbitration." Thesis, Anglia Ruskin University, 2012. http://arro.anglia.ac.uk/297161/.

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For an investment treaty tribunal to proceed to adjudge the merits of claims arising out of an investment, it must have jurisdiction over the parties and the claims, and the claims submitted to the tribunal must be admissible. Inconsistent interpretations of substantive and procedural principles of international investment law that govern the existence and exercise of the arbitral tribunal’s supremacy to adjudge an investment dispute have caused incoherence in investment treaty arbitration. The thesis is an in-depth study of article 25 of the 1965 Washington Convention on the Settlement of Inv

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Okpe, Felix Oghenekohwo. "Foreign direct investment and investment treaty arbitration with reference to Nigeria." Thesis, University of Aberdeen, 2014. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=225327.

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This research analyzes investment treaty arbitration under the International Center for Settlement of Investment Disputes (ICSID) in the context of Nigeria's international investment law regime. The ICSID Convention establishes ICSID. The arbitration of investment claims in the context of investment treaty arbitration under the ICSID should reflect the purpose of the ICSID Convention. The nature of foreign investment disputes is implicated in any act or omission by the host State tantamount to expropriation or violations of applicable investment agreements. This implication is one of the consi

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Manor-Percival, Yonit. "Bilateral investment treaties in a harmonious world : China's paradigm." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8573.

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China’s ascent up the echelon of the contemporary interstate system is often debated by reference to its implications for the US designed neoliberal world order. A ‘cauldron of anxiety’ appears to be brewing around what is said to be a potentially contesting force that is at best shallowly integrated and at worse set on institutional reconstitution. US anxiety over the integrity of the order she landscaped and from which she benefits may be understood insofar as insufficient submission signifies the risk of a rising untamed competitor. Yet, against the background of China’s participation in th

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21

Söderberg, Ebba. "Investment Treaty Arbitration and Transparency : Transparency, confidentiality and the public interest in international investment disputes." Thesis, Uppsala universitet, Juridiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-384679.

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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. The rules regarding transparency in investor-state arbitration relates, among others, to access to information and documents, third-party participation and the publication of awards. Transparency in investor-state arbitrations is also related to changes in legislation that could affect the investor. Changes in legislation is a way of ada

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22

Poulsen, Lauge N. Skovgaard. "Sacrificing sovereignty by chance : investment treaties, developing countries, and bounded rationality." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/141/.

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One of the striking features of modern globalization is the rising prominence of international law as governing institution for state-market relations. Nowhere has this been as pronounced as in the international investment regime. Although hardly known to anyone but specialized international lawyers merely 15 years ago, bilateral investment treaties (BITs) have today become some of the most potent legal tools underwriting economic globalization. This thesis seeks to explain why developing countries adopted investment treaties as part of their governing apparatus. The study combines econometric

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23

Hussein, Amr Abbas Mohamed Adel Abbas Aly. "Bilateral investment treaties treatment of international capital movement : time for reform?" Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/2514.

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While the freedom to move capital is necessary for foreign investors, the power of the state to regulate capital transfers is necessary to prevent volatile capital from causing financial crises as well as to mitigate such crises when they occur. Thus, in regulating international capital movement, a balance should be made between the right to transfer funds and the state’s right to protect the stability of its economy. It is in relation to achieving this balance that this thesis argues that bilateral investment treaties’ (BITs) regulation of capital transfers is deficient, both substantively an

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Malmsten, Johan. "Informal Reliance on Previously Rendered Awards : An Efficient Means to Promote Consistency on the MFN Question?" Thesis, Uppsala universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-205317.

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Stan, Grigore-Octav. "Valuation approaches in investment arbitration : an analytical and comparative study." Thesis, King's College London (University of London), 2015. https://kclpure.kcl.ac.uk/portal/en/theses/valuation-approaches-in-investment-arbitration-an-analytical-and-comparative-study(8f929d14-8689-443f-84d3-79cb9ca6cf68).html.

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The rapid development of investment arbitration, especially during the last two decades, has been followed by extensive academic research and scholarly writings in this field. However, these have focused mainly on the legal documents that allow investment arbitration, grounds for the claims brought before investment tribunals, jurisdiction of arbitral tribunals, remedies available to foreign investors, and other similar topics. The calculation of the applicable monetary compensation payable to investors and the assessment of the value of investments have not received extensive attention in suc

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Jentsch, Valentin. "The Impact of Bilateral Investment Treaties on Foreign Direct Investment Importance and Alternatives from an Entrepreneurial Perspective /." St. Gallen, 2007. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/04603635001/$FILE/04603635001.pdf.

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27

Boyce, Gizelle Marie. "An examination of whether the protection of Investment Act represents a successful alternative to bilateral investment treaties." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/25200.

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The aim of this thesis is to examine whether South Africa's recently promulgated Protection of Investment Act represents a viable alternative to the bilateral investment treaty regime. In undertaking this examination, the bilateral investment treaty regime which preceded the Protection of Investment Act was first reviewed and some of the typical clauses found in these treaties were examined. Pursuant to this examination, the Foresti arbitration, through which a group of Italian and Luxembourgish investors challenged South Africa's affirmative action measures in the mining industry on the basis

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Ezejiofor, Obianuju Chioma. "Domestic courts and international investment arbitral tribunals : nurturing a profitable and symbiotic relationship." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8964.

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This thesis proposes that conscious and increased co-operation and coordination of the relationship between investment tribunals and domestic courts can greatly improve the efficacy of the international investment arbitration system, and further the rule of law. The extent of the power both forums wield, the level of influence both systems have on each other and the critical roles both systems play in the resolution of investment disputes warrant a systematic approach to cooperation and coordination. This study finds justification for this proposition by analyzing the policy implications of in

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Wunder, Thomas. "Recognition, Enforcement, and Execution of arbitral awards under the ICSID convention : The debate and problems in the differentiation between execution and enforcement regarding questions of sovereign immunity." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-411833.

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This thesis analyses the conundrum at the intersection of (i) recognition, (ii) enforcement, and (iii) execution of investment treaty arbitral awards pursuant to the ICSID convention. Orienting between recognition, enforcement, and execution has recently stirred quite some debate. This culminates in the question of, on the one hand, whether it is necessary to differentiate between “enforcement” and “execution” in light of the plea of sovereign immunity, and how to do so, on the other hand. In this context, the concept of sovereign immunity in general and as a potential objection within the I

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Assaduzzaman, Assad Khan. "Agreements of state-entity and state liability in international investment arbitration." Thesis, University of Southampton, 2013. https://eprints.soton.ac.uk/348851/.

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Most often in an investment agreement between a State entity and a foreign investor the arbitral tribunal is faced with the question of the liability of the State for the conduct of its entities. To make it precise the crucial findings of this research is whether or to what extend the States hall be liable for the commercial conduct of its entities? State affiliates in general includes, ‘state organ, ‘state agency’, ‘instrumentality’, ‘state-owned entity’, ‘state-owned company’, ‘publicly owned corporation’, ‘government business enterprise’, ‘public sector undertaking’ and ‘parastatal entity’.

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Devaney, Margaret. "The remedies stage of the investment treaty arbitration process : a public interest perspective." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8928.

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As the investment treaty arbitration regime matures, consensus is emerging as to the need for public interest considerations to be taken into account in resolving disputes under international investment agreements (IIAs). However, the question of how such considerations should be reflected remains contentious. This thesis proposes that the remedies stage of the process can, and should, play a role in taking account of public interest considerations and so in easing the tension between host state regulatory sovereignty and investment protection that lies at the heart of the investment treaty re

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Kumas, Abdullah. "Essays on the bilateral tax treaties, foreign direct investment and withholding tax rates." Ann Arbor, Mich. : ProQuest, 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:3323580.

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Thesis (Ph.D. in Economics)--S.M.U.<br>Title from PDF title page (viewed Mar. 16, 2009). Source: Dissertation Abstracts International, Volume: 69-07, Section: A, page: 2806. Adviser: Daniel L. Millimet. Includes bibliographical references.

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Lövgren, Frisk Tove. "The Effectiveness of Labour Provisions in Bilateral Investment Treaties and their Future Potential." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-351963.

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Kuang, Yingqiu. "Instrumental liberalization : China's new practice in bilateral investment treaties in the 2000's." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/50402.

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The spread of Bilateral Investment Treaties in the past decades, as a popular way to promote and protect foreign direct investment between countries, is no doubt a vivid example that displays the triumph of globalization and the diffusion of liberalization. By the end of 2013, most countries of the world have participated and signed 2,857 such treaties (UNCTAD, 2013). China, among them, is definitely a latecomer and a distinct player. Until 1982, which is 23 years later than Germany’s first treaty with Pakistan, China started its BIT program, and soon has become the world’s second largest cont

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Li, Chen [Verfasser], and Monika [Akademischer Betreuer] Schnitzer. "Locations of foreign direct investment : the role of immigrants, bilateral investment treaties and patents / Chen Li ; Betreuer: Monika Schnitzer." München : Universitätsbibliothek der Ludwig-Maximilians-Universität, 2017. http://d-nb.info/113251097X/34.

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Salehi, Meysam. "Investment Treaty Arbitration as a Public and Unilateral Dispute Settlement : A redefinition of the autonomy of disputing parties and arbitral tribunals in the process of investment treaty arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412159.

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Over the last decade, investment treaty arbitration has been confronted with relatively extensive and fundamental criticisms. The problem with the system in fact boils down to a misconception by tribunals of the nature of investment treaty arbitration. Many scholars and tribunals have perceived and treated investment treaty arbitration as a reciprocal arrangement with a private function. This is so mainly because of the way they formulate the establishment of investment treaty arbitration. To put it simply, it has been though that investment treaty arbitration, similar to international commerc

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Kuprieieva, Anna. "Regulatory Freedom and Indirect Expropriation: Seeking Compatibility with Sustainable Development in New Generation Bilateral Investment Treaties." Thesis, Université d'Ottawa / University of Ottawa, 2015. http://hdl.handle.net/10393/32447.

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One of the most notorious dilemmas of international rules on the protection of foreign investment is how to decrease the tension between a state’s regulatory freedom and private property rights in addressing indirect expropriation. Bilateral investment treaties need to achieve a crucial balance: to protect the interests of foreign investors and support rights of states to regulate in pursuit of sustainable development. In dealing with indirect expropriation past tribunals relied on different approaches and adopted mutually inconsistent positions. By demonstrating this incoherence, this thesis

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Jean, Guillaume-André. "Le droit des investissements internationaux face à l'Union européenne." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED031.

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Le droit des investissements internationaux et l'Union européenne constituent deux systèmes juridiques qui sont désormais en interaction. La convergence de ces systèmes a été révélée lors de l'entrée en vigueur du Traité de Lisbonne, qui a initié un transfert de compétence en matière d'Investissement Direct Étranger et accorde donc la compétence à l'Union européenne pour conclure de nouveaux accords d'investissement. Dans le cadre d'un chapitre préliminaire, l'analyse tente tout d'abord d'expliquer pourquoi et en quoi le droit des investissements internationaux, tel que résultant de la pratiqu

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Esan, Adenike Oluwatoyin. "Stability guarantees in investment treaty arbitration : a question of balancing competing rights." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=239415.

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Karlsson, Yberthia. "Data as Protected Investment Under International Investment Law." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443419.

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Over the last decades technological companies have grown significantly and impacted our societies both politically and economically.The significant amount of user data these companies collect and manage have economic as well as political impacts on our societies. The busines model of social media companies has raised alerts and provoked calls for regulatory measures. The thesis investigated whether social media platforms ‘data’ can constitute a protected investment under a Bilateral Investment Treaty, and what is the position of the international investment law if any about the digital econom

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Petkova, Kunka, Andrzej Stasio, and Martin Zagler. "On the relevance of double tax treaties." WU Vienna University of Economics and Business, Universität Wien, 2018. http://epub.wu.ac.at/6071/1/SSRN%2Did3126593.pdf.

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This paper investigates the effects of double tax treaties (DTTs) on foreign direct investment (FDI) after controlling for their relevance in the presence of treaty shopping. DTTs cannot be considered a bilateral issue, but must be viewed as a network, since FDI can flow from home to host country through one or more conduit countries. By accounting for treaty shopping, we calculate the shortest (i.e. the cheapest) tax distance between any two countries allowing the corporate income to be channelled through intermediate jurisdictions. We differentiate between relevant and neutral DTTs - i.e

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Narancio, Victoria, and del Prado Fabio Núñez. "International Arbitration under debate." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122726.

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Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitrati

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Ratz, Peter [Verfasser]. "International and European Law Problems of Investment Arbitration involving the EU / Peter Ratz." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://d-nb.info/1160321434/34.

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Mamani, Sanabria Israel. "Blockchain: An alternative approach for recognition and enforcement of Investment Treaty Arbitration awards." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443526.

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An issue in investment treaty arbitration is the extreme effort needed to obtain recognition and enforcement of an arbitral award. Even though the 1958 New York Convention was signed to simplify the process of recognition and enforcement of a foreign arbitral award, in the new digital world, the recognition and enforceability risks of authenticating an investment treaty arbitral award need to be reconsidered. Ultimately, it is the enforceability of the award that gives credence to the entire arbitration process and justifies the costs and time that the parties of a dispute have invested in the

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Daza, Vargas Ana. "The protection of foreign investment and its implications for the regulation of water resources : challenges for international investment arbitration." Thesis, University of Dundee, 2014. https://discovery.dundee.ac.uk/en/studentTheses/6dd7a5d8-4d4e-45d2-94f5-9b925ee96e3c.

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Baltag, Crina Mihaela. "Jurisdictional limits of the Energy Charter Treaty and its interplay with related treaties and arbitration rules : the notion of investor." Thesis, Queen Mary, University of London, 2011. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8415.

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Abstract:

The boom of bilateral investment treaties and trade agreements came with an increasing number of disputes between investors and states related to actions and omissions of states in respect of the protection of investors and their investments. These instruments made a significant contribution to the development and implementation of an economic and legal framework for the promotion and safeguard of investors and investments. They also played an important part in and improved the access of investors to dispute resolution mechanisms – and, in particular, to arbitration – for the protection of the

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Esra, Yildiz. "Facilitating enforcement of international investment dispute awards." Thesis, University of Exeter, 2017. http://hdl.handle.net/10871/31157.

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In the current investment climate, most investor-state disputes are settled through investment arbitration. Investor-state arbitration enables the foreign investor to bring a case before a neutral forum, whose decision is binding and enforceable in countries across the world. In instances where the dispute is governed by an arbitration clause, the clause places the disputing parties under the jurisdiction of an arbitral tribunal. In the event of achieving a victory, the investor may nonetheless come up against the obstacle of state sovereignty, even though the state party has ostensibly waived

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Ke, Jie Jing. "Analysis of Chinese bilateral investment treaties : focusing on provisions of performance requirements and national treatment." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2287820.

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Yahaya, Shamsu. "Multilateral investment treaties : is the energy charter treaty an effective instrument for protecting international investments?" Thesis, University of Dundee, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.510625.

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Dünnwald, Sonja [Verfasser]. "Bilateral and Multilateral Investment Treaties and Their Relationship with Environmental Norms and Measures. / Sonja Dünnwald." Berlin : Duncker & Humblot, 2015. http://d-nb.info/1238435173/34.

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