This dissertation was written as part of the LLM in Transnational and European Commercial Law and Alternative Dispute Resolution at the International Hellenic University.
Investor-state arbitration is increasingly being resorted to as a forum for adjudication of disputes arising out of domestic courts’ misconduct that have as a consequence the non-enforcement of international commercial awards. This dissertation examines the jurisdictional and substantive challenges a frustrated investor/award creditor might have to face while asserting his relevant rights before an investment tribunal. The approaches taken by investment tribunals in recent case law while examining such claims on jurisdiction and on the merits are analyzed.
Moreover the role of the New York Convention is examined both as a matter of applicable law and in the prism of jurisdictional considerations. The dissertation concludes by assessing the role of the investment tribunals in reviewing the national courts’ decisions involving the application of the New York Convention.
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