Investment Treaty With Lithuania

Author : Rimantas Daujotas
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (13 download)

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Download or read book Tarptautinės investicijų sutarties pažeidimo nagrinėjimas Lietuvos Respublikos teismuose (Bilateral Investment Treaty Claims in the Courts of the Republic of Lithuania). written by Rimantas Daujotas and published by . This book was released on 2015 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Abstract: Article discusses Lithuanian legislation concerning investor-state disputes in Lithuanian and the specifics of the Lithuanian legal system when faced with the breach of Lithuania's obligations towards the foreign investors. Understanding Lithuania's local legal provisions, competence of the courts may fruitfully facilitate a resolution of an investor-state dispute. It was observed that none of the Lithuanian BITs indicate or provide any guidance as to which local court would be competent to hear claims arising under the BITs. Therefore, the jurisdiction of a local court which could hear an investment claim brought against Lithuania under the BIT should be established according to the general jurisdiction rules provided in the Law on Courts, the Code of Civil Procedure and Law on Administrative procedure. It was concluded that both, the administrative courts and the courts of general competence, are entitled to examine claims against the State of Lithuania. However, when considering which specific court would decide claims against the State of Lithuania, the main emphasis should be made to the basis of the claim - the relief sought and whether the claim arises from private (civil) legal relationship or the administrative (public) legal relationship. It was also concluded that when it comes to investment treaty claims against the Republic of Lithuania, one needs to analyze and understand the complex nature of the courts system of Lithuania, as well as the provisions of administrative law, administrative procedure and its interrelation with the provisions of the BITs. Understanding the concepts and specific regulations of both, the administrative law, its procedure and the civil of the Republic of Lithuania is crucial when considering possible violation of investor's rights and their defence either in the courts of Lithuania or international tribunals.