Book contents
- Admissibility of Shareholder Claims under Investment Treaties
- Admissibility of Shareholder Claims under Investment Treaties
- Copyright page
- Dedication
- Contents
- 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
- Index
1 - Introduction
Published online by Cambridge University Press: 07 September 2020
Book contents
- Admissibility of Shareholder Claims under Investment Treaties
- Admissibility of Shareholder Claims under Investment Treaties
- Copyright page
- Dedication
- Contents
- 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
- Index
Summary
Chapter 1 introduces the problem of substantive overlaps between treaty and contract claims. It also identifies the two main problems deriving from the parallelism between shareholder indirect claims under IIAs and non-IIA claims, namely risks of multiple recovery and prejudice to third parties. This chapter also shows that admissibility constitutes an adequate approach to these problems, notwithstanding other (often complementary) alternatives.
Keywords
- Type
- Chapter
- Information
- Publisher: Cambridge University PressPrint publication year: 2020