Criterion of control and the right of standing of a juridical person in ICSID arbitration

International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States. This is why jurisdiction ratione personae of the Centre depends crucially on who can be considered as a foreign investor, i.e. which persons...

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Autor principal:	Đundić Petar M.
Formato:	article
Lenguaje:	EN SR
Publicado:	University of Novi Sad, Faculty of Law 2021
Materias:	icsid jurisdiction ratione personae juridical persons criterion of control Law K
Acceso en línea:	https://doaj.org/article/1f255137d58b49a784a98aeddfe30611
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spelling	oai:doaj.org-article:1f255137d58b49a784a98aeddfe306112021-12-05T21:40:08ZCriterion of control and the right of standing of a juridical person in ICSID arbitration0550-21792406-125510.5937/zrpfns55-29881https://doaj.org/article/1f255137d58b49a784a98aeddfe306112021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2021/0550-21792101161Q.pdfhttps://doaj.org/toc/0550-2179https://doaj.org/toc/2406-1255International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States. This is why jurisdiction ratione personae of the Centre depends crucially on who can be considered as a foreign investor, i.e. which persons have right of standing to initiate arbitration based on the Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States (the Convention). When a claimant is a juridical person, one of the issues causing a debate in arbitral practice concerns the significance of control over that entity - to what extant is jurisdiction of an ICSID tribunal affected by the fact that the entity is under direct or indirect control of the host State's nationals. The paper examines the problem with regards two groups of cases that the Convention regulates separately. The first group concerns cases in which the role of a claimant belongs to juridical persons nominally holding the nationality of other Contracting States of the Convention. The other category relates to the cases of claims submitted by local entities controlled by foreign investors against their own State.Đundić Petar M.University of Novi Sad, Faculty of Lawarticleicsidjurisdiction ratione personaejuridical personscriterion of controlLawKENSRZbornik Radova: Pravni Fakultet u Novom Sadu, Vol 55, Iss 1, Pp 161-184 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	icsid jurisdiction ratione personae juridical persons criterion of control Law K
spellingShingle	icsid jurisdiction ratione personae juridical persons criterion of control Law K Đundić Petar M. Criterion of control and the right of standing of a juridical person in ICSID arbitration
description	International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States. This is why jurisdiction ratione personae of the Centre depends crucially on who can be considered as a foreign investor, i.e. which persons have right of standing to initiate arbitration based on the Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States (the Convention). When a claimant is a juridical person, one of the issues causing a debate in arbitral practice concerns the significance of control over that entity - to what extant is jurisdiction of an ICSID tribunal affected by the fact that the entity is under direct or indirect control of the host State's nationals. The paper examines the problem with regards two groups of cases that the Convention regulates separately. The first group concerns cases in which the role of a claimant belongs to juridical persons nominally holding the nationality of other Contracting States of the Convention. The other category relates to the cases of claims submitted by local entities controlled by foreign investors against their own State.
format	article
author	Đundić Petar M.
author_facet	Đundić Petar M.
author_sort	Đundić Petar M.
title	Criterion of control and the right of standing of a juridical person in ICSID arbitration
title_short	Criterion of control and the right of standing of a juridical person in ICSID arbitration
title_full	Criterion of control and the right of standing of a juridical person in ICSID arbitration
title_fullStr	Criterion of control and the right of standing of a juridical person in ICSID arbitration
title_full_unstemmed	Criterion of control and the right of standing of a juridical person in ICSID arbitration
title_sort	criterion of control and the right of standing of a juridical person in icsid arbitration
publisher	University of Novi Sad, Faculty of Law
publishDate	2021
url	https://doaj.org/article/1f255137d58b49a784a98aeddfe30611
work_keys_str_mv	AT đundicpetarm criterionofcontrolandtherightofstandingofajuridicalpersoninicsidarbitration
_version_	1718370929292083200

Criterion of control and the right of standing of a juridical person in ICSID arbitration

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