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- Title
Nationality Planning and Abuse of Process: A Coherent Framework.
- Authors
Watson, Duncan; Brebner, Tom
- Abstract
Prudent investors seek to structure their investments so as to obtain investment treaty protection. But the crucial line between legitimate 'nationality planning' and illegitimate restructuring which renders an investment treaty arbitration an abuse of process is a blurry one. In particular, recent Awards have introduced a foreseeability element to the abuse of process analysis, the scope of which remains largely undefined. This article surveys arbitral practice in the area, and proposes potential refinements to the test.
- Subjects
CITIZENSHIP; PROCESS (Law); INVESTORS; INVESTMENTS; INVESTMENT treaties
- Publication
ICSID Review: Foreign Investment Law Journal, 2018, Vol 33, Issue 1, p302
- ISSN
0258-3690
- Publication type
Article
- DOI
10.1093/icsidreview/six020