|
|
Legitimate Expectations as Part of the Fair and Equitable Treatment Standard in Investment Arbitration
Chochelová, Adriana ; Balaš, Vladimír (advisor) ; Urbanová, Kristýna (referee)
Legitimate Expectations as Part of the Fair and Equitable Treatment Standard in Investment Arbitration Abstract This thesis introduces the conceptual overview of the fair and equitable treatment standard in international investment arbitration with focus on its protection of legitimate expectations. The first part of the thesis is divided into five chapters. Firstly, the standard is introduced and set into historical context. In the second chapter the author explains the relationship between the FET standard of treatment and the minimum standard of treatment of foreigners under international customary law. The third chapter showcases the different formulations of FET provisions and the effects of the wording on the application of the norm. The fourth chapter deals with the substantive contents of the standard, introducing them in separate subchapters. These contents are stability and consistency, legitimate expectations, transparency, judicial propriety, and other contents are also briefly introduced. The last chapter introduces the other standards of treatment, existing next to the FET and the relationship among them. These standards are protection from expropriation without due compensation, full protection and security, protection from discriminatory and arbitrary measures and the national or MFN...
|
|
|
Third Party funding in international investment arbitration
Juráš, Jan ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee)
1 Third Party Funding in International Investment Arbitration ABSTRACT Third-Party Funding (TPF) in investment arbitration is a relatively new, but fast-growing phenomenon that is attracting a lot of attention as besides providing certain benefits, it is also connected with significant risks that could endanger the entire Investor-state dispute settlement system. This system is heavily criticized for its imbalance and for favouring investors in the arbitrages. The increasing use of TPF can even further disrupt this already fragile and unbalanced system of dispute resolution. Traditionally, TPF was used as a way of access to justice, as the external party, which was not connected to the dispute, has decided to provide finances to one of the parties of the dispute so this party would be able to initiate an impartial legal dispute settlement. International investment arbitrations have become very expensive in the last decades, and thus TPF seemed to be an ideal way of how to help an insolvent investor to access justice against states that have violated their obligations arising from investment treaties. However, ever since the 2008 financial crisis, TPF in investment arbitration has become a very profitable business operated by several big litigation funding companies. These corporations are conducting a very...
|
guest ::
