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Admissibility of Shareholder Claims under Investment Treaties

Admissibility of Shareholder Claims under Investment Treaties

Name: Admissibility of Shareholder Claims under Investment Treaties
Brand: Cambridge University Press
SKU: 9781108494526
Price: 1374.49 HKD
Availability: InStock
Author: Gabriel Bottini
ISBN: 9781108494526

By Gabriel Bottini

Cambridge University Press September 2020

Specifications

ISBN-13: 9781108494526
Publisher: Cambridge University Press
Publication: September 2020
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

1. Introduction

2. Admissibility in international investment law

3. Mixed claims commissions and the origins of central concepts

4. Admissibility and shareholder standing

5. Damages in shareholder treaty claims

6. The contract-treaty distinction

7. Applicable law

8. Conclusion

Bibliography

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