Making contractual claims before investment arbitration within the framework of international investment agreements
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Abstract (EN)
Foreign investment contracts, which are concluded between the foreign investor and the host state to which the investment is made, and relate to the investor's commitment to transfer money or capital in the state where the investment will be made with the purpose of earning a profit, has become an important part of today's international investment environment. In addition to the exploration or extraction of a certain natural resources such as oil, natural gas and precious metal these contracts also deal with the construction or operation of structures and facilities such as airports, bridges, highways and power plants. These contracts signed between the host state and foreign investors form the basis of a significant part of today's international investment disputes. As a principle, the breach of these contracts by the host stated does not itself lead to implementation of the investment protection regimes envisaged in bilateral or multilateral investment agreements, but in some exceptional cases it can become a matter of international law. This dissertation will firstly focuses on the essentials of foreign investment contracts within the framework of international investment treaties and arbitral awards, and then will handle the umbrella clauses that are exceptional cases for the making of claims arising from contracts before investment arbitration.
Author
Mehmet Emin Yavrucu
Institution
How to Cite
Mehmet Emin Yavrucu (Master Thesis). Making contractual claims before investment arbitration within the framework of international investment agreements, 2023, İhsan Doğramacı Bilkent University.
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