Unit:
Κατεύθυνση Νομικές Διεθνείς Σπουδές με κατευθύνσεις: α) Δημόσιο Διεθνές Δίκαιο, β) Ευρωπαϊκό Δίκαιο,γ) Ιδιωτικό Διεθνές και Συγκριτικό ΔίκαιοLibrary of the School of Law
Author:
Chalikopoulou Nikoletta
Supervisors info:
Αναστάσιος Γουργουρίνης, Λέκτορας, ΕΚΠΑ, Τμήμα Νομικής, Τμήμα Διεθνών Σπουδών
Original Title:
Overlap between Investment and Commercial Arbitration
Translated title:
Overlap between Investment and Commercial Arbitration
Summary:
The current thesis regards the overlap between investment and commercial arbitration. This overlap is found initially in the broad concepts of the "investment" and "commerciality". Furthermore, the "umbrella clauses" provisions of international investment treaties are analysed. Through such provisions contractual claims may be raised to treaty ones, and they can be adjudicated by a treaty-based arbitral tribunal.
After the overlap has been established, the purpose of the thesis is to provide solutions to the problems occurring from the overlap. Thus, the principles of res judicata and lis pendens are analysed, and a broader interpretation of them is suggested, in comparison to the strict one followed by international courts and tribunals. Finally, the use of the principle of comity is also suggested, which gives the discretion to a judge to dismiss a case or stay the proceedings due to deference to the competence of another body.
Main subject category:
Law and Legislation
Keywords:
overlap, investment arbitration, lis pendens, res judicata, comity
Number of references:
111
