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Admissibility of Shareholder Claims under Investment Treaties

New Arrival Admissibility of Shareholder Claims under Investment Treaties

Admissibility of Shareholder Claims under Investment Treaties

Admissibility of Shareholder Claims under Investment Treaties

Author: Gabriel Bottini
Publisher: Cambridge University Press
ISBN: 9781108714730

Published In: March 2026
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108494526

List Price: RM210.06

RM203.76 Save RM6.30 (3%)

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Description
Contents

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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.

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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