Piercing the Corporate Veil Doctrine in International Investment Agreements


Diploma Thesis, 2017

58 Pages, Grade: 1.7


Excerpt


TABLE OF CONTENTS

BIBLIOGRAPHY

LIST OF CASES

LIST OF INVESTMENT REPORTS

LIST OF ABBREVIATIONS

I. INTRODUCTION

II. PIERCING THE CORPORATE VEIL FOR THE PURPOSES OF SHAREHOLDERS’ INDIRECT CLAIMS
A. PROVISIONS OF INTERNATIONAL INVESTMENT AGREEMENTS ON INDIRECT CLAIMS
1. Definition of “Investment” in IIA
(a) ICSID Convention
(b) ECT
(c) NAFTA
(d) BITs
B. STANDING OF SHAREHOLDERS’ ACTION FOR INDIRECT CLAIMS
1. Separate Legal Personality and Derivative Shareholders’ Rights
2. Barcelona Traction and the Development of Shareholders Rights to Bring Investment Claims
3. Shareholders Standing Independent from the Affected Company
4. Standing of Shareholders as a Joint Conception of Jurisdiction and Admissibility
C. STANDING OF SHAREHOLDERS TO BRING INDIRECT CLAIMS IN INVESTMENT TREATY DISPUTES
1. Standing based on the definition of investment under the IIAs
2. Standing based on foreign control requirement
D. THE PROBLEM OF THE AUTONOMOUS NATURE OF SHAREHOLDERS’ INDIRECT CLAIMS

III. PIERCING THE CORPORATE VEIL FOR THE PURPOSES OF DENIAL OF BENEFITS CLAUSES
A. DEFINITION OF NATIONALITY OF INVESTORS IN INTERNATIONAL INVESTMENT TREATIES
1. Criteria of Determination of Nationality of Investors
2. The Meaning of Corporate “Seat” for the Purposes of Coverage under IIAs
B. DISREGARDING THE CORPORATE FORM IN DENIAL OF BENEFITS CLAUSES
1. State’s Invocation of Denial of Benefits Clauses
a) Corporate nationality (“A-B-A scenario”)
b) Continuous nationality
c) Control by foreign nationals (“A-B-C scenario”)

IV. CONCLUSION

ANNEX 1. Known treaty-based ISDS cases initiated in 2016 involving Ukraine

Excerpt out of 58 pages

Details

Title
Piercing the Corporate Veil Doctrine in International Investment Agreements
College
Humboldt-University of Berlin  (International Dispute Resolution Master of Laws (LL.M.) Programme)
Course
International Investment Arbitration
Grade
1.7
Author
Year
2017
Pages
58
Catalog Number
V427445
ISBN (eBook)
9783668716377
ISBN (Book)
9783668716384
File size
820 KB
Language
English
Keywords
piercing, corporate, veil, doctrine, international, investment, agreements
Quote paper
Anastasiia Dulska (Author), 2017, Piercing the Corporate Veil Doctrine in International Investment Agreements, Munich, GRIN Verlag, https://www.grin.com/document/427445

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