Admissibility of Shareholder Claims under Investment Treaties... - 9781108714730

Name: Admissibility of Shareholder Claims under Investment Treaties... - 9781108714730
Brand: Cambridge University Press

Cambridge University Press

Admissibility of Shareholder Claims under Investment TreatiesAuthor(s): Gabriel Bottini\nFormat: Paperback\nPublisher: Cambridge University Press, United Kingdom\nImprint: Cambridge University Press\nISBN-13: 9781108714730, 978-1108714730\nSynopsis\nThis 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, [url] 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 over.