Umbrella clause as a mechanism of foreign investments' protection in international investment law

Student: Vasilev Andrey

Supervisor: Konstantin Ksenofontov

Educational Programme: Private International Law (Master)

Year of Graduation: 2017

Bilateral investment treaties specify fundamental constructions which purpose is to guarantee the rights and legitimate interests of foreign investors. Umbrella clause is a mechanism which transforms the breach of investment contract into the breach of bilateral investment treaty, disputes from which shall be decided by international arbitration institution. The purpose of this paper is to analyze the institute of umbrella clause it its intercommunication with another related categories of international investment law.

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses