Admissibility of Shareholder Claims Under Investment Treaties

Released on by Gabriel Bottini
preview-18

  • Admissibility of Shareholder Claims Under Investment Treaties Book Detail

  • Author : Gabriel Bottini
  • Release Date : 2020
  • Publisher :
  • Genre :
  • Pages : 335
  • ISBN 13 : 9781108714730
  • File Size : 70,70 MB
DOWNLOAD BOOK

Admissibility of Shareholder Claims Under Investment Treaties by Gabriel Bottini PDF Summary

Book Description: This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.

Disclaimer: www.yourbookbest.com does not own Admissibility of Shareholder Claims Under Investment Treaties books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

The Shareholder Value Myth

The Shareholder Value Myth

File Size : 91,91 MB
Total View : 5845 Views
DOWNLOAD

An in-depth look at the trouble with shareholder value thinking and at better options for models of corporate purpose. Executives, investors, and the business p

Shareholder Claims

Shareholder Claims

File Size : 28,28 MB
Total View : 9434 Views
DOWNLOAD

Shareholders throughout the world are becoming more assertive in pursuing their rights against companies and directors. The law is developing in all jurisdictio

Shareholder Derivative Litigation

Shareholder Derivative Litigation

File Size : 81,81 MB
Total View : 7107 Views
DOWNLOAD

Written for both the expert and the novice, this book not only reviews the legal framework for derivative actions but also provides a practical guide to the app