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:
Tsoutsis Achillefs
Supervisors info:
Χαράλαμπος Παμπούκης, Καθηγητής, ΝΟΠΕ,ΕΚΠΑ
Ελίνα Μουσταϊρα, Καθηγήτρια, ΝΟΠΕ, ΕΚΠΑ
Χρυσαφώ Τσούκα, Αναπληρώτρια καθηγήτρια, ΝΟΠΕ, ΕΚΠΑ
Original Title:
"Το Κράτος ως διάδικος στην διεθνή διαιτησία"
Translated title:
"The State as a party in international arbitration"
Summary:
In the current globalized international transactions scene, the State and its entities, either those organized under public law or the companies regarding which the State is the major shareholder, play an equally prominent part along with the private commercial parties in international arbitration. Particularly in disputes related to key business sectors such as construction agreements, energy infrastructure, transports and telecommunications, the State is called upon to lead the economic and business promotion of its imperium with acts that reveal the full capacity of its commercial, jure gestionis activities. For example, development banks will often finance such business projects or the State will transfer the assets and operations from the public to the private sector with the method of privatization. Therefore the interdependence of the public and private commercial sphere is clear and constitutes an integral part and a driving force of modern globalized economic transactions. Theoretical and practical issues may arise at any stage of such a dispute, such as the relationship between a State and its entities, a conjunction of investment and commercial arbitration or matters of State immunity. This juxtaposition between the two spheres generates a plethora of interesting legal issues and the goal of this dissertation is to analyze them through the examination of academic literature and important case law form arbitral tribunals and State Courts.
Main subject category:
Law and Legislation
Keywords:
International Arbitration, State versus an investor, State Immunity, Commercial Arbitration
Number of references:
241
