| Abstract [eng] |
This master thesis aims to provide a brief overlook on the nature, structure, purpose of dispute mechanism as well as the current and future position of investment disputes. Additionally an in-depth analysis of the origins, performance and disputes arising from intra-European Union bilateral investment treaties are examined. An evaluation of different (European Commission, law firms, arbitrators,West European contries, Central and East European countries) positions on intra-European Union bilateral investment treaties validity and existence question are also examined. Futhermore this thesis provides a detailed analysis and evaluation of provisions related to investment dispute settlement mechanism in the European Union and Canada free trade agreement. Those provisions are compared with other international investment agreements, by looking at their origins, progressivity and benefits for investment arbitration. The final part of the thesis provides analysis of inconsistent investment arbitration decision issues. Author takes a deep look into the way these type of decisions arise, their inconsistency and also provides analysis of how inconsistent investment arbitration decisions impact entire investment arbitration. At the end possible solutions on how to reduce the risk of inconsistent decisions in investment arbitration are provided. |
