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Title: The protection of upstream energy contracts under investment treaty arbitration : a study of the interaction between contract and treaty instruments
Author: Supapa, Rattapong
ISNI:       0000 0004 5350 7569
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2014
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This thesis analyses how and to what extent the contractual and treaty instruments interact in protecting upstream energy contracts against political interference by the host state. The study considers whether the interaction between the upstream contracts and international investment treaties provide effective protection for the upstream investors and whether the interaction between them prevents the host state from exercising its regulatory rights. By examining both jurisdictional and substantive aspects of the interaction between these two instruments, the study found that political risks in the upstream industry are not effectively mitigated and managed. The study therefore calls for a higher degree of interaction between these two instruments. This can be achieved by drafting the relevant upstream contracts and investment treaties in a more interactive manner so that they would together provide maximum protection for the upstream investors.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: International commercial arbitration ; Investments ; Foreign (International law) ; Arbitration and award ; International