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Ratio Decidendi of International Investment Arbitration Tribunals

Student: Taov Mukhamed

Supervisor: Dmitry Mikhailovich Maksimov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The aim of this work is a multidimensional study of the problems of the institution of resolving international investment disputes, which is implemented through the following tasks: 1) To conduct a study of the legal nature of international investment arbitration; 2) Consider the arbitration agreement as the basis of the contractual component of international investment arbitration; 3) Classify the sources of legal regulation of international investment arbitration; 4) Consider the development of sources of legal regulation of international investment arbitration at the international level; 5) To conduct a study of issues included in the procedural component of international investment arbitration: the main trends; 6) To highlight the problems of the activity of international investment arbitration in the conditions of modern digital technologies. The object of the study is public relations related to the resolution of investment disputes, the subject of the study is the norms of national and international legal acts, as well as the conclusions of practice. As the methodological basis of the study, a formal legal method was used to determine the content of the norms of international legal acts, as well as an analysis to determine the content of the conclusions of judicial arbitration practice and a synthesis method to formulate the final theses of the work. Chapter 1 aims to study the theoretical and legal aspects of international investment arbitration, as well as to analyze the arbitration agreement as the basis of the contractual component of international investment arbitration. Chapter 2 reflects the sources of legal regulation of international investment arbitration and their development in modern legal realities at the international level. Chapter 3 is aimed at studying issues that are part of the procedural component of international investment arbitration (including the main trends). In addition, chapter 3 includes an analysis of the main problems of the activity of international investment arbitration in the context of modern digital technologies. The conclusion reflects the main problems associated with various international disputes, and also gives some advice on resolving these problems.

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