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- Title
Settlements in Investor-State Arbitration: Are Minority Shareholders Precluded from Having its Treaty Claims Adjudicated?
- Authors
Páez-Salgado, Daniela
- Abstract
One of the most problematic issues in investor--state arbitration arises from the possibility of multiple proceedings initiated against the host state, in one instance, by foreign shareholders in their capacity as investors; and in another instance, by the local subsidiary. The issue becomes more difficult when the local company decides to settle its claim but the investors--usually minority shareholders--decide to continue the arbitration proceedings against the state. This article will address the effects of a settlement agreement, between a subsidiary and a host state, on a foreign shareholder's pending treaty claim considering the object and purpose of investment protection treaties as well as the risk of double recovery.
- Subjects
INVESTOR-state arbitration; LEGAL settlement; TREATIES
- Publication
Journal of International Dispute Settlement, 2017, Vol 8, Issue 1, p101
- ISSN
2040-3585
- Publication type
Article
- DOI
10.1093/jnlids/idv036