Admissibility of Shareholder Claims under Investment Treaties (Hardcover)

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.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	September 2020
Authors:	Gabriel Bottini
Dimensions:	235 x 160 x 25mm (L x W x T)
Format:	Hardcover
Pages:	296
ISBN-13:	978-1-108-49452-6
Categories:	Books > Law > Jurisprudence & general issues > Law & society Books > Law > International law > Settlement of international disputes > General Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure Books > Business & Economics > Finance & accounting > Finance > Investment & securities > General Books > Law > International law > Public international law > International economic & trade law > General Books > Money & Finance > Investment & securities > General Promotions
LSN:	1-108-49452-8
Barcode:	9781108494526

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