Admissibility of shareholder claims under investment treaties

Author / Creator

Bottini, Gabriel, 1976- author

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Online

Physical

Summary

"International investment law is a young field with inconsistent decisions on important aspects of jurisdiction and the merits. Yet investment tribunals share two central premises as regards shareh...

"International investment law is a young field with inconsistent decisions on important aspects of jurisdiction and the merits. Yet investment tribunals share two central premises as regards shareholder claims: i) that shareholders are entitled to claim for damages vis-àvis measures taken against the company1 in which they hold shares and ii) that 'contract claims' differ from 'treaty claims'. However, shareholder and company rights and treaty and contract claims are connected in important ways. Investment tribunals have generally failed to deal with the fact that company and shareholder rights under national and international law may refer to the same assets and damages. Shareholder claims under investment treaties for state measures against the company's assets are intertwined with related contract/national law claims, in particular regarding the substance of the claims"--

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