Recognition and Enforcement of Investor-State Arbitral Awards

Student: Butyrina Valeriya

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2018

The thesis represents a comparative research on the problem of enforcement of arbitral awards rendered against States in the course of investment treaty arbitration. Acknowledging the relevance of sovereign immunity principle to investor-state arbitration, the paper basically tries to identify situations, when effectiveness of arbitral proceedings may be undermined by sovereign immunity principle, more thoroughly focusing on execution stage. The thesis is divided into several parts. The first chapter is devoted to analysis of sources, governing the enforcement of investor-state arbitral awards, identifying strengths and deficiencies of different enforcement systems. The second part focuses on the application of doctrine of sovereign immunity on different stages of investor-state arbitration, revealing the most common challenges, which investor may meet during enforcement proceedings. Finally, the third chapter is aimed to provide an overview on provisional measures in investor-state arbitration, focusing on limitations, arising due to State sovereignty.

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