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Dual Nationals in Investment Arbitration

Journal article | December 2013 | Available for purchase & free for members

Abstract

Investor–State arbitration allows foreign investors to claim directly against the State in which they have invested. In order to commence investor–State arbitration, an investor must meet a number of requirements, one such fundamental requirement being that an investor must be a national of a specific foreign country. More specifically, in order to benefit from the protections provided by bilateral investment treaties (BITs), an investor must be a national of a contracting State, but not a national of the host State (the State in which they invest or a third party State). Despite this simplicity, the issue of investor nationality can be surprisingly complex. In the present globalised world economy, when many international business people carry two or more passports, the nationality of individual persons can be difficult to determine. Discussed below are a number of scenarios and questions that arise in this context.

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Thanks

We thank the author of this article Sergei Gorbylev and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration, Finance and accounting