Sökning: "uncitral"
Hittade 4 avhandlingar innehållade ordet uncitral.
1. The Use of “non-ICSID” Arbitration Rules in Investment Treaty Disputes : Domestic Courts, Commercial Arbitration Institutions and Arbitral Tribunal Jurisdiction
Sammanfattning : This book studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction in investment treaty disputes. Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration and rules originally drafted for commercial arbitration. LÄS MER
2. Public Policy Exception and Arbitrability Defence under the New York Convention 1958 : A study of public policy and arbitrability, including empirical evidence of national court decisions
Sammanfattning : This thesis investigates the public policy exception and arbitrability defence under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention 1958”) in international commercial arbitration. It examines the varied notions of public policy, including domestic/national, international, and transnational public policy, and scrutinises the nuances of the arbitrability concept, noting a distinct approach in the U. LÄS MER
3. Early Determination of Arbitral Jurisdiction : Balancing efficacy, efficiency, and legitimacy of arbitration
Sammanfattning : This dissertation examines the timing of judicial determination of jurisdictional disputes in the presence of an arbitration agreement. The analysis focuses on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration (and Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). LÄS MER
4. The EU investment court system. A viable reform initiative?
Sammanfattning : This thesis studies the Investment Court System - the EU’s response to the backlash against investor-state arbitration, and its contribution to the ongoing multilateral reform initiative in UNCITRAL. It includes, on the one hand, an investigation of the EU legal framework governing the conclusion of agreements with third countries that feature the Investment Court System, and examines, on the other hand, whether this permanent and court-like structure addresses common concerns over the legitimacy of investor-state arbitration and its central actors. LÄS MER