As the increase of direct investment in China, Taiwanese businessmen are encountering more and more disputes there, which makes this issue be worthy of attention. Among the various types of disputes, this present study focuses on investment disputes and attempts to figure out the types, causes and dispute resolution mechanism of investment disputes through the method of case study, literature review and expert interview. The conclusions of this study are as follows: There are 6 common types of investment disputes that Taiwanese businessmen usually encounter in China: 1. Disputes on contributing investment; 2. Disputes on the right of management¡F3. Disputes on profit distribution; 4. Disputes on suspending equity joint-ventures or contractual joint-ventures; 5. Disputes on partners¡¦ illicit behaviors; 6. Disputes between Taiwan shares holders or anonymous investment disputes. It is revealed that the causes of investment disputes are 1. China¡¦s restrictions against foreign investment; 2. Taiwanese businessmen¡¦s unfamiliarity with the investment laws and regulations of China; 3. Taiwanese businessmen are not discreet in choosing their China partners; 4. Taiwanese businessmen tend to sign contracts and building cooperation constitutions carelessly. Taiwanese businessmen resort to three kinds of dispute resolution mechanisms, including Adjudication, Mediation, and Arbitration, when encountering investment disputes in China. This study conducts a comparative analysis between these three mechanisms in terms of six dimensions, i.e. ¡§efficiency¡¨, ¡¨cost¡¨, ¡¨professionalism¡¨, ¡¨confidentiality¡¨, ¡§relationship maintenance¡¨ and ¡¨enforceability¡¨. The result shows that mediation and arbitration perform better than adjudication in almost all dimensions except the dimension of ¡§enforceability¡¨. It is also suggested that Taiwanese businessmen prefer mediation to any other dispute resolutions in practice. Since arbitration is also an excellent dispute resolution mechanism, this phenomenon implies that arbitration is ignored by the Taiwanese businessmen. Therefore, the regulation, exercise and notice of China¡¦s arbitration are further demonstrated for Taiwanese businessmen in the final part of the study.

Expropriation and investment protection Abstract This dissertation deals with the issue of protection of foreign investments, especially the issue of the expropriation of foreign investments. The basic terms related to investment protection and expropriation are defined. Legal expropriation and its conditions are described at first. In the case of illegal expropriation, the state is forced, besides compensation for expropriation, to cover the damage caused by the unlawful interference. The history of investment protection is briefly presented. The next chapter deals with the legal sources in which we can find conditions of expropriation and investment protection. Attention is paid to the legal regulation of expropriation in Czech law. The thesis also focuses on investment cases, where expropriation was the main issue. Finally, the disputes that are currently brought against Czech Republic by foreign investors are mentioned. The conclusion of the dissertation deals with the problems de lege ferenda and the expected development of the legal regulation. Key words: expropriation, investment protection, investment disputes

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Resumé: This thesis titled "Damages in Investment Disputes" deals with analysis of various types of damages in investment arbitrations. To approximate this theme author tries to use the case study methot for various terms of international investment law. The aim of this thesis was to try to summarize theoretical definition of damages, using its various types and reasons of their origin. Described is contractual basis, from which damages arise in causal nexus, but also particular instrumets of investment arbitration and its jurisdictional practice. Thesis is divided (without counting the introduction and conclusion) into three chapters, which are further divided into sub-chapters, possibly into additional parts. First chapter is an excursion into common theory of international investment law with focus on damages. It encloses though theoretical basis, but also individual contractual recourse. The theory basics is suplemented with evaluation of basic terms, like investment and damages in international investment arbitration. Its component is also definition of investment from jurisdictional practice (Salini test). Second chapter is focused on definition of damages and its various types. Starting point to this is also definition of mostly used methods to determine amount of damages. As basics is used fair and...

This thesis addresses the problem concerning the contribution of foreign investments to the economic development of the host State as a jurisdictional requirement under the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”). The ICSID Convention governs the jurisdiction of the International Centre for Settlement of Investment Disputes for the institution of arbitral proceedings between Contracting States and nationals of other Contracting States. While the institution of arbitral proceedings under the ICSID Convention is contingent upon the consent of the disputing parties, the jurisdiction of the Centre is limited to disputes that fulfill certain requirements. One of the core requirements of the jurisdiction of the Centre is that the dispute must arise out of an investment. Although the ICSID Convention lacks a definition of investment, most arbitral tribunals that had to define the function and content of the investment requirement concluded that the ICSID Convention contains a notion of investment that may not be waived by the consent of the disputing parties. The majority of these decisions considered that the contribution to the economic development of the host State would be one of the elements of such notion of investment. According to these decisions, the economic development requirement, as an element of the investment requirement of the ICSID Convention, could be inferred from the wording of the first recital of the Preamble of the ICSID Convention, which states that the ICSID Convention was concluded considering the role of private international investments in the economic development. It is submitted in this thesis, however, that these decisions were based on a misapplication of the general rule of treaty interpretation of the Vienna Convention on the Law of Treaties, which codified the existing customary international law rule of treaty interpretation, given that they ignore the ordinary meaning of the term “investment” as employed in the ICSID Convention. The general rule of treaty interpretation of the Vienna Convention establishes a method by which each source of the intention of the parties to the treaty plays a relevant role. Above all, treaty interpretation must be based on the text of the treaty, which must be interpreted in accordance with the ordinary meaning of its terms. The use of the object and purpose of a treaty is a second step and may not be relied on in order to contradict the ordinary meaning of the terms employed in the treaty and to confer a special meaning on them.

Can international institutions work independently from the great powers in terms of autonomy and independence? To answer the question, this thesis analyzes 197 concluded arbitration cases and the Convention of the International Centre for Settlement of Investment Disputes (ICSID). But why the ICSID? Trade liberalization has long been sought by almost all the countries under multilateralism represented by the GATT and its successor, the WTO. However, due mainly to slow and laborious decision making, proceedings for dispute settlement and acquiring mandatory consent from all the member countries under the WTO, states -especially great economic powers - began to turn to Free Trade Agreements(FTAs) toavoid such problems. Most of the FTAs include Bilateral Investment Treaties and investment dispute settlement provisions. When investment disputes arise, the parties can resolve them bilaterally or they may bring their cases to an international dispute settlement institution. The ICSID is one of leading dispute settlement institutions in the field of international investments. Since the late 1990s, the cases argued at and the references to the ICSID began to increase sharply indicating that states have begun to perceive the ICSID as more important. So I analyzed the ICSID in terms of its autonomy and independence. The findings are as follows.Throughout the Articles of the ICSID Convention, the ICSID endeavors to keep its autonomy and independence. Although there are more arbitrators from developing countries than developed countries in the arbitration panel, developed country arbitrators have been selected more frequently as members of arbitration Tribunals of the ICSID. But the compositions of the Tribunals do not affect the winning rate especially fordeveloped country in the arbitrations. Although the durations of the arbitration proceedings vary in each party category, developing countries tend to show their lack of legal capacities and monetary shortage, especially needed for the due process procedures in arbitrations. As for compliance to ICSID awards, almost all the Contracting Statesfollowed the awards except for some cases, especially Argentine ones. In general, the ICSID has maintained its autonomy and independence though there also is some evidence and some cases where this argument is not supported. Asmore pending cases turn to concluded ones, there will be more cases available for furtherresearch on the ICSID.

Thesis (LL. M.)--University of Toronto, 2007. / Source: Masters Abstracts International, Volume: 45-06, page: 2918.

En los últimos años, se ha dado un proceso de alejamiento de ciertos países sudamericanos del Centro Internacional de Arreglo de Diferencias relativas a Inversiones - CIADI, como son Venezuela, Bolivia y Ecuador, por diversos factores políticos y jurídicos. En ese contexto, la presente tesis identifica y analiza las combinaciones posibles que derivan de la posibilidad de denuncia de un Estado miembro al Convenio CIADI y que paralelamente denuncie o no a los Acuerdos Internacionales de Inversión que remiten al mencionado Centro como foro de solución de controversias, así como la terminación de tratados a partir de esta doble pertenencia al Convenio CIADI y a los Tratados Bilaterales de Inversión, entre otros, todo ello, con la finalidad de determinar los efectos jurídicos y desarrollar una postura crítica frente a estos sucesos sin precedente que se vienen dando, tratando de desarrollar alternativas distintas al CIADI, tanto a nivel mundial, como regional, en virtud, que a pesar, de las denuncias al Convenio CIADI y a los tratados de inversión que remiten las controversias a este Centro, es viable su remisión, debido a la existencia de cláusulas de supervivencia, acuerdos de las partes, mecanismos complementarios existentes y la cláusula de la Nación más Favorecida - NMF, conforme acontece en los casos arbitrales estudiados, donde los Tribunales Arbitrales del CIADI al amparo del principio Kompetenz – Kompetenz han declarado su competencia, generando una serie de interrogantes respecto al futuro del Arbitraje Internacional de Inversiones en el CIADI y creando precedentes para estudios futuros debido a lo novísimo del tema. / Tesis

The concept of legitimate expectations plays a significant role in international investment law. Although it is only in the past roughly fifteen years that the concept has come to the spotlight, its importance and utilization is on the rise. Generally speaking, the concept of legitimate expectations, under certain conditions, allows a foreign investor to claim compensation in situations where the conduct of a host State creates a legitimate and reasonable expectation that the investor may rely on such conduct, and consequently the host State fails to fulfill those expectations, causing damages to the investor. However, the concept of protection of legitimate expectations has stirred up debates as to the legitimacy of its use in investment law and raised concerns due to its imprecise boundaries and excessively extensive interpretation. Accordingly, it is the goal of this thesis to either confirm or refute two main propositions. The first proposition suggests that the principle of protection of legitimate expectations is an established principle of investment law with traceable origins in both domestic law and general international law. The examination of the first proposition addresses theoretical roots of the concept of legitimate expectations justifying its application in investment law together...

1 Abstract This thesis aims to transparently elaborate the topic of damages in investment disputes. Chapter One is a brief introduction to the problem. It provides a short clarification of the concept and meaning of arbitration and its importance for the protection of investors; it also describes the principles of modern forms of investor protection. The end of the first Chapter includes a short introduction regarding the sources on damages in investment arbitration. Chapter Two deals with the issue of valuation. At the beginning the author approaches the issue in general, describing the basic terminology and definitions and providing the classification of the valuation methodology (Market-Based Approache, Income- Based Approach, Asset-Based Approach). This is followed by outlining the issues related to the term "market value", when the author focuses on the questions related to the calculation of fair market value, its use in practice, issues related to this use, etc. The next is the theme of damage arising from the breach of a contract and by describing the ways of valuation of the damage arising from the breach of a contract. The Chapter also includes the study regarding the issue of the determination of damages in the absence of the market, and analyses the issue of the moment as at which the valuation...