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dc.contributor.author
Kalaitzidis, Nikolaos
en
dc.date.accessioned
2015-06-26T11:56:00Z
dc.date.available
2015-09-27T05:56:41Z
dc.date.issued
2015-06-26
dc.identifier.uri
https://repository.ihu.edu.gr//xmlui/handle/11544/531
dc.rights
Default License
dc.subject
International Investment Arbitration
en
dc.subject
ICSID
en
dc.subject
BITs
en
dc.subject
Investment protection
en
dc.subject
Energy disputes
en
dc.title
International Investment Arbitration in Energy Sector
en
heal.type
masterThesis
heal.secondaryTitle
Investment Protection, Oil & Gas and General Commercial Matters
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
2015-01
heal.bibliographicCitation
Kalaitzidis Nikolaos, 2015, International Investment Arbitration in Energy Sector, Master's Dissertation, Internatinal Hellenic University
en
heal.abstract
Recent developments on investment disputes in the field of international arbitration are analyzed in this dissertation. The violation of Bilateral Investment Treaties (BITs) in recent years has led to a remarkable rise in the number of investment arbitration. Substantive and procedural rules that are comprised in these treaties aim to purvey investment security and investment neutrality to any foreign investor. In most BITs are embodied dispute settlement provisions which provide with the right to sue Host States directly. The purpose of this thesis is to provide an overview of the world of international investment arbitration regarding investment protection, oil & gas ans general commercial matters. Significant reverberations of globalisation can be seen in all sectors with no exception in the field of law. Rapid resolution of many disputes is produced independently of national adjudication, specifically in the energy sector, as a result of international investors' and investments' mechanisms. International investment law and arbitration which have risen sharply in the last decade, given the fact that, foreign direct investment has grown in the world, and investors whose reliance on investment treaties to appeal in arbitration versus Host States, is increased. Today, the majority of investment arbitrations are placed under the basis of bilateral or multilateral treaties (BITs, NAFTA, the Energy Charter Treaty, etc.) and are directed under the ICSID Convention, UNCITRAL Arbitration Rules, or not so regularly also under the Arbitration Institute of the Stockholm Chamber of Commerce, ICC and LCIA arbitration rules. It is unable, since the purpose of this thesis is to provide a concise perspective on the ICSID arbitration, nor desirable to discuss all issues raised in these thoroughly. A review though, will be provided and selected prominent topics will be examined. Which are the jurisprudential tendencies that formed below the right of investment arbitration? What can we learn from these cases? Is ICSID arbitration a world of its own? The fact that, ICSID arbitration has an efficient system and various features from other types of international commercial arbitration, has led to integration of this type of arbitration into BITs' dispute settlement conditions. Basic characteristics of ICSID are examined by this dissertation, where having analyzed the concluded and pending ICSID cases concerning energy sector, it is deduced that ICSID has a significant role for the international arbitration's evolvement on investment disputes. This paper's conclusion is that, since future disputes between investors and Host States are unavoidable, there are rising tendencies, according to which Host States are considering choices to recover part of their regulatory independency. Notwithstanding, it is upon author's belief that facts and data, and remarks to be held, will give the reader some flavor of this kind of Settlement of Investment Disputes and, hopefully, provide some fresh perspectives.
en
heal.advisorName
Kaissis, Athanasios
en
heal.committeeMemberName
Kaisis, Athanasios
en
heal.committeeMemberName
Rosenfeld, Friedrich
en
heal.committeeMemberName
Komninos, Komnios
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
60
heal.fullTextAvailability
true


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