Tax Aspects of Foreign Investments
ABSTRACT:
The globalization of the economic market has compelled the removal of trade barriers and clamored for the liberalization of capital transfer. In such an open market, several criteria play a key role ...
page 3 - 22
read moreConfidentiality and Publicity in Investment Arbitration, Public Interest and Scope of Powers Vested in Arbitral Tribunals
ABSTRACT:
The fact that a state is a party to arbitration does not give the arbitrators the status of public officers or subjects of public law, let alone [public] international law. Arbitration is, above ...
page 23 - 45
read moreContractual Choice of Forum in International Investment Arbitration
ABSTRACT:
Bilateral investment treaties (BITs) establish standards of the treatment of international investments. These treaties vest arbitration with the jurisdiction over alleged breaches thereof. ...
page 47 - 72
read moreApplication of Most Favoured Nation Clause to Jurisdiction Provisions in Light of the Award in Austrian Airlines v. Slovakia
ABSTRACT:
This paper discusses the issue of whether investors who raise claims on grounds of a violation of BIT obligations by the state may take recourse to the most favoured nation clause with respect to ...
page 73 - 92
read moreInternational Review of Decisions concerning Recognition and Enforcement of Foreign Arbitral Award: A Threat to the Sovereignty of the States or an Overestimated Hazard (so far)? (with Emphasis on the Developments within the International Investment Arbitration Setting)
ABSTRACT:
The article explores the possibilities of review of the decisions of national courts pertaining to the recognition and enforcement of foreign arbitral awards by the international investment ...
page 93 - 121
read moreEffective Enforcement of Sanctions for Market Abuse in the EU: Introduction of Criminal Sanctions
ABSTRACT:
Effective enforcement of the legal framework on market abuse in the EU requires that sanctions available to the competent authorities are effective, proportionate and dissuasive. However, ...
page 105 - 121
read moreInternational Investment Law: Is it Time to Change the Traditional BIT System?
ABSTRACT:
This paper argues that the current international investment regime predominantly based on bilateral investment treaties (BITs) is exhausting its capacity as an efficient tool for regulating ...
page 123 - 139
read moreOn the Availability of Counterclaims in Investment Treaty Arbitration
ABSTRACT:
This article explores the obstacles that may exist for states to bring counterclaims before an investment treaty tribunal and analyses the reasoning of the tribunals that have have refused to hear ...
page 141 - 156
read moreBudgetary Legal Consequences of Breaching the Terms of Investment Incentives
ABSTRACT:
After 1989, Czechoslovakia began to realize the importance of building a market economy, which was linked to the need for involvement of foreign investors. A major role in attracting foreign capital ...
page 157 - 170
read morePublic versus Private Interest – Can the Boundaries Be Legally Defined?
ABSTRACT:
The issue of how to define public interest is being approached time and again from the various perspectives of the most diverse scholarly disciplines, which is merely the natural outcome of the fact ...
page 171 - 189
read moreThe Competence of Investment Arbitration Tribunals to Seek Preliminary Rulings from European Courts
ABSTRACT:
In the wake of the accession of new EU Member States in 2004 and in 2007, the portfolio of bilateral investment treaties (BIT) between Member States has become significantly larger. The fact that ...
page 191 - 205
read moreTowards Greater Doctrinal Clarity in Investor-State Arbitration: The CMS, Enron, and Sempra Annulment Decisions
ABSTRACT:
Several arbitral awards rendered against Argentina under bilateral investment treaties and related to the country’s devastating economic crisis in 2001–2002 restrictively interpreted ...
page 207 - 229
read moreForeign Investor and Host State: Need for Balance Interests
ABSTRACT:
Nowadays the problems of state sovereignty have become very important. Massive transnational capital flows influence economic sovereignty of developing transition countries. By using their super ...
page 231 - 246
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