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Legal Nature of Foreign Investment and Investor-State Arbitration Perspective in Asia

ФИО студента: Tetiana Rumiantseva

Руководитель: Konstantin Ksenofontov

Кампус/факультет: Faculty of Law

Программа: Private International Law (Master)

Год защиты: 2017

FDI play a major role in the global economic cooperation and development. For the past 20 years Asian region has become one of the most important FDI exporters and importers in the world economy. Such tendency largely influenced development of the investment agreements framework, leading to the greater international investment arbitration influence in settling disputes between investor and host state in the given region and economically tied regions. Such practice of international investment arbitration has faced its regulations evolution, being closely interlinked with the matters of political expediency, institutional barriers and differences in Asian and Western business tradition. Considering significance of Asian states in the global economy development, fostering of international investment arbitration appears to be vital for disputes settlement in the given region. With the view of recipes development for international investment arbitration encouragement in Asia, given research paper assesses perspectives of international investment arbitration in Asia, addresses the essence and legal nature of FDI, as well as the status of investor, by presenting the analysis of arbitration practice evolution, including arbitration in the region. While addressing these, given research targets correlation in the BITs and FTAs investment provisions in Asia, as well as Pacific, vitally tied to the former in economics respect.

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