Admissibility of Shareholder Claims under Investment Treaties

Admissibility of Shareholder Claims under Investment Treaties

by Gabriel Bottini
Epub (Kobo), Epub (Adobe)
Publication Date: 17/09/2020

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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.

ISBN:
9781108787925
9781108787925
Category:
International economic & trade law
Format:
Epub (Kobo), Epub (Adobe)
Publication Date:
17-09-2020
Language:
English
Publisher:
Cambridge University Press

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