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dc.contributor.author
Siaminou, Elpida
en
dc.date.accessioned
2015-06-13T20:04:11Z
dc.date.available
2015-09-27T05:57:12Z
dc.date.issued
2015-06-13
dc.identifier.uri
https://repository.ihu.edu.gr//xmlui/handle/11544/313
dc.rights
Default License
dc.title
Current problems and recent developments in investment arbitration
en
heal.type
masterThesis
heal.keyword
Arbitration and award, International
en
heal.keyword
Commercial treaties
en
heal.keyword
Arbitration agreements, Commercial
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heal.keyword
Investments, Foreign (International law)
en
heal.keyword
Investments, Foreign--Law and legislation
en
heal.language
en
heal.access
free
el
heal.license
http://creativecommons.org/licenses/by-nc/4.0
heal.recordProvider
School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law
heal.publicationDate
2013
heal.bibliographicCitation
Siaminou, Elpida, 2015, Current problems and recent developments in investment arbitration, Master's Dissertation , International Hellenic University
en
heal.abstract
This thesis addresses the following matter: ‘’Current Problems and Recent Developments in Investment Arbitration’’. This thesis seeks to explore and analyze the various existing problems, which characterize the investment arbitration, as an alternative dispute resolution mechanism. The following lines, particularly summarize and record the recent developments that have arisen in investment arbitration in parallel with the references to the problems that may still consist controversial issues. The introduction of this dissertation refers to what internationally has been established as investment arbitration and in what ways, fundamental or not, that kind differs from commercial arbitration. At the same part of the text, it is analyzed whether investment arbitration as a mechanism satisfy the applicants and if yes, why still parties hesitate to betake this alternative dispute resolution mechanism. Concerning the main issues of this thesis, they contain a number of problems that have arisen throughout the years, since the function of the institution, as well as recent developments, many of which constitute answers in many questions regarding the ISDS mechanism. The matters that are mentioned are the third-party participation (amicus curiae) in the investment arbitration procedures, what constitutes an investment (definition of the investment), the litigation before domestic courts and the level that it functions as a precondition for international arbitration. This part also involves the connection between EU law and the investment arbitration, the indirect expropriation in investment arbitration, the provisional measures and the role of previous decisions in investment arbitration procedures. This part ends by a reference to the possibility of an appeals mechanism in investment arbitration, the advantages and the disadvantages of its adoption. To conclude this thesis, there is a long reference to the various concerns about the whole mechanism and more specifically to the concerns about the legitimacy and transparency of the decisions, the concerns about arbitrator’s independence and impartiality and the concerns regarding the costs and time-intensity of arbitrations. At this part, there are mentioned a few proposals for the improvement of the ISDS mechanism and in the end are demonstrated the concluding remarks. The purpose of this thesis is to inform the readers about the necessity of the improvement of the function of the investment arbitration mechanism by analyzing the current problems and the recent developments of this kind of arbitration.
en
heal.tableOfContents
ABSTRACT………………………………………………………………….ii TABLE OF CONTENTS…………………………………………………...iii ACKNOWLEDGEMENTS…………………………………………..……..v CHAPTER 1: INTRODUCTION…………………………………………..vi A. What has been established internationally as investment arbitration and in what ways, fundamental or not, that kind differs from commercial arbitration. • Definition of Investment Arbitration………………………vi • Investment VS Commercial arbitration………………….....x B. Does investment arbitration, as a mechanism, satisfy the applicants and if yes, why still parties hesitate to betake this alternative dispute resolution mechanism?......................................................................xvi CHAPTER 2: MAIN ISSUES……………………………………………xviii A. Amicus Curiae…………………………………………………….xviii B. Definition of Investment…………………………………….……...xxi C. The litigation before domestic courts as a precondition for international arbitration…………………………………………...xxi D. EU law and its’ connection with the institution of investment arbitration…………………………………………………………..xxii Current Problems and Recent Developments in Investment Arbitration iv E. Indirect Expropriation in Recent Investment Arbitration……..xxiii F. Provisional measures in investment arbitration procedures……xxiv G. The role of previous decisions in investment arbitration Procedure…………………………………………………………..xxvi H. The discussion on an appeals mechanism in investment arbitration……………………………………………………..…..xxviii CHAPTER 3: CONCLUSION…………………………………………....xxxi A. Concerns about the whole mechanism 1) Concerns about the Legitimacy and Transparency of the Decisions…………………………………………………….....xxxii 2) Concerns about arbitrator’s independence and impartiality…………………………………………………....xxxiii 3) Concerns regarding the costs and time-intensity of arbitrations………………………………………………….....xxxiv B. Proposals for improvement of the ISDS mechanism……….……xxxv C. Concluding remarks……………………………………………....xxxvi BIBLIOGRAPHY………………………………………………………..xxxvii
en
heal.advisorName
Kaissis, Athanasios
en
heal.committeeMemberName
Kaisis, Athanasios
en
heal.committeeMemberName
Rosenfeld, Friedrich
en
heal.committeeMemberName
Mosch, Ruth
en
heal.academicPublisher
School of Economic and Business Administration,LL.M in Transnational and European Commercial Law and Alternative Dispute resolutions
en
heal.academicPublisherID
ihu
heal.numberOfPages
43
heal.fullTextAvailability
true


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