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Shareholder treaty claims risk multiple recovery and prejudice to third parties. Admissibility provides a screening mechanism to address these risks.
List of 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.
About the author
Gabriel Bottini is Adjunct Professor of Public International Law, University of Buenos Aires and Partner at Uría Menéndez. As Argentina's Director of International Disputes, Gabriel Bottini was involved in over 60 investment arbitrations brought following the country's 2001 economic collapse. These cases mark a crucial, catalytic moment in the history of investment arbitration. Bottini engages with a fundamental notion stemming from these cases: shareholder standing under investment treaties.
Summary
States have expressed concern about shareholders claiming before international tribunals for harm to company assets. Proposals are being discussed to reform investment arbitration to deal with this problem and this book proposes appropriate solutions without the need for substantial reforms or the complete abandonment of investment arbitration.
Additional text
'Investment tribunals deciding shareholder claims tend to regard Barcelona Traction as a quaint relic of the law on diplomatic protection. Gabriel Bottini shows how Barcelona Traction never went away. His nuanced admissibility criteria offer a fresh approach to shareholder standing to prevent double recovery. Through the prism of shareholder claims, he casts new light on linkages between contract and treaty'. Professor Michael Waibel, University of Vienna
