Admissibility Of Shareholder Claims Under Investment Treaties
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| Author | : Gabriel Bottini |
| Publisher | : |
| Total Pages | : 335 |
| Release | : 2020 |
| Genre | : |
| ISBN | : 9781108714730 |
This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
| Author | : Zachary Douglas |
| Publisher | : Cambridge University Press |
| Total Pages | : 685 |
| Release | : 2009-06-11 |
| Genre | : Business & Economics |
| ISBN | : 0521855675 |
This book is a codification of the principles and rules relating to the prosecution of investment claims.
| Author | : Chester Brown |
| Publisher | : Cambridge University Press |
| Total Pages | : 747 |
| Release | : 2011-11-17 |
| Genre | : Law |
| ISBN | : 1139503618 |
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
| Author | : Dimitrij Euler |
| Publisher | : Cambridge University Press |
| Total Pages | : 413 |
| Release | : 2015-08-10 |
| Genre | : Education |
| ISBN | : 1107077931 |
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
| Author | : M. Sornarajah |
| Publisher | : Cambridge University Press |
| Total Pages | : 555 |
| Release | : 2010-05-06 |
| Genre | : Law |
| ISBN | : 0521763274 |
This book is a thought-provoking and authoritative text on this fast moving field of international law.
| Author | : Filippo Fontanelli |
| Publisher | : BRILL |
| Total Pages | : 199 |
| Release | : 2018-03-27 |
| Genre | : Law |
| ISBN | : 9004366490 |
In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.
| Author | : Jose Daniel Amado |
| Publisher | : Cambridge University Press |
| Total Pages | : 221 |
| Release | : 2018-01-11 |
| Genre | : Law |
| ISBN | : 1108415725 |
This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
| Author | : Lukas Vanhonnaeker |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2022-08-11 |
| Genre | : Law |
| ISBN | : 9781108746526 |
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
| Author | : Gabriel Bottini |
| Publisher | : Cambridge University Press |
| Total Pages | : 347 |
| Release | : 2020-09-17 |
| Genre | : Law |
| ISBN | : 1108787924 |
This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.
| Author | : Katia Yannaca-Small |
| Publisher | : |
| Total Pages | : 790 |
| Release | : 2010 |
| Genre | : Business & Economics |
| ISBN | : 0195340698 |
Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.
