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Shareholders Claims for Reflective Loss in International Investment Law Cambridge International Trade and Economic Law
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Shareholders' Claims for Reflective Loss in International ~ In a comprehensive and in-depth analysis, he carefully evaluates the legal and policy bases for allowing shareholdersâ claims for reflective loss, situating the analysis in the existing body of domestic and international law on this topic. This is a 'must read' for anyone interested in shareholders' claims in international investment law.'
Cambridge International Trade and Economic Law ~ Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of .
Shareholder Claims for Reflective Loss: How International ~ 194 U. Pa. J. Intâl L. [Vol. 40:1 reflective loss principle is largely grounded on policy considera-tions seeking to avoid double recovery,8 multiple claims and in- consistent outcomes,9 and the negative impact on creditors and other shareholders.10 By contrast, international investment law, which is driven by
Shareholder Claims for Reflective Loss: How International ~ It makes a normative argument: in view of the policy goals of foreign investor protection, shareholder claims for reflective loss should be permitted in international investment law, but only in limited circumstances to curtail the disruption of corporate governance and to reduce the social costs of litigation.
Investment Treaties and Shareholder Claims for Reflective ~ The claim for the loss belongs to the injured company and not to its shareholders. In contrast, shareholder claims for reflective loss have been widely permitted under typical investment treaties over the last 10 years. Ongoing OECD-hosted inter-governmental dialogue on investment law is considering whether there are policy reasons justifying .
Shareholdersâ Claims for Reflective Loss: A Comparative ~ If a company is harmed by the behaviour of a third party, shareholders may suffer the economic consequences in the form of a reduction in the value of their shares. This article, taking a comparative law perspective, answers the question whether shareholders should be able to claim such a loss that is merely reflective of the companyâs loss.
Shareholder claims and the âno reflective lossâ rule ~ Generally speaking, however, claims open to shareholders in this scenario are not straightforward. In particular, such claims are restricted due to the âno reflective lossâ rule, which has traditionally prevented shareholders from bringing claims where their loss merely reflects the loss suffered by the company.
International Trade Law - Cambridge Core ~ Cambridge Core academic books, journals and resources for International Trade Law. Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites.
Admissibility of Claims for Reflective Loss Raised by the ~ 5 Of note, art 25(2)(b) of the ICSID Convention does not constitute a jurisdictional basis for shareholder claims for reflective loss; it provides jurisdiction for the claim of the local company if it is under foreign control and the host State has agreed to treat the local company as a national of another State. As the claimant is the local company rather than its shareholders, art 25(2)(b .
International business / Cambridge University Press ~ A comprehensive and survey of management in China in the period of economic reform, first published in 1994. . Shareholders' Claims for Reflective Loss in International Investment Law Vanhonnaeker, Lukas Published: July 2020. $125.00 (C) Select book . You are now leaving the Cambridge University Press website. Your eBook purchase and .
Investment 2014/02 Corporate Law from Advanced Systems of ~ This paper examines shareholder claims for reflective loss under investment treaties in light of comparative analysis of advanced systems of corporate law. The paper considers the impact of allowing shareholder claims for reflective loss on key characteristics of the business corporation. The paper also explores possible responses by
The Private Law Critique of International Investment Law ~ 17. This claim was brought under Guinea's foreign investment law, which provided for ISDS. However, Getma and cases like it tend to conflate foreign investment law claims with treaty claims. On the relationship of national investment laws to IIL and ISDS, see Hepburn, Jarrod, Domestic Investment Statutes in International Law, 112 AJIL 658 (2018).
Wildy & Sons Ltd â The Worldâs Legal Bookshop Search ~ PreâOrder Shareholders' Claims for Reflective Loss in International Investment Law, by Lukas Vanhonnaeker, ISBN 9781108489430, to be published by Cambridge University Press, April 2020 from www.wildy, the World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide.
Principles of International Investment Law ~ (g) Case law; 3 The nature of international investment law (a) Investment law and trade law (b) Balancing duties and benefits (c) The investorâs perspective: a long-term risk (d) The host stateâs perspective: attracting foreign investment (e) International investment law and sovereign regulation (f) International investment law and good .
Shareholders' Claims for Reflective Loss in International ~ Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of .
THE INTERNATIONAL LAW OF INVESTMENT CLAIMS ~ The International Law of Investment Claims is the first comprehensive account of the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 ârulesâ of general application covering the juridical
WTI World Trade Forum / Cambridge University Press ~ Shareholders' Claims for Reflective Loss in International Investment Law Vanhonnaeker, Lukas Published: July 2020. . Building Equitable and Inclusive International Trade and Investment Agreements Borrows, John Schwartz, Risa Published: June 2020. $77.00 (C) . You are now leaving the Cambridge University Press website. Your eBook purchase .
OECD iLibrary / Investment Treaties as Corporate Law ~ In contrast, however, advanced national systems and international law generally apply what has been called a "no reflective loss" principle to shareholder claims. Second, the paper analyses the policy issues relating to consistency that are raised by shareholder claims for reflective loss in ISDS.
International Investment Law â Understanding Concepts and ~ A related issue is the question of the extent to which shareholders can bring claims for injury sustained by the corporation. Recent jurisprudence has. 1. DEFINITION OF INVESTOR AND INVESTMENT IN INTERNATIONAL INVESTMENT AGREEMENTS . INTERNATIONAL INVESTMENT LAW: UNDERSTANDING CONCEPTS AND TRACKING INNOVATIONS â ISBN 978-92-64-04202-5 .
EconPapers: Investment Treaties and Shareholder Claims ~ Investment Treaties and Shareholder Claims: Analysis of Treaty Practice. David Gaukrodger Additional contact information David Gaukrodger: OECD No 2014/3, OECD Working Papers on International Investment from OECD Publishing Abstract: Advanced systems of domestic corporate law generally apply a âno reflective lossâ principle to shareholder claims. . Shareholder claims are permitted for .
Toward Higher Coherence in Shareholder Claims for ~ Shareholder claims for reflective losses are widely discussed in international investment treaty arbitration. The debate arises because tribunals in international investment arbitration commonly.
New works on international law and investment, September ~ Korzun, Vera, âShareholder Claims for Reflective Loss: How International Investment Law Changes Corporate Law and Governanceâ University of Pennsylvania Journal of International Law, Vol. 40(1), 2018. Available at SSRN: (click here for online version).
The International Law of Investment Claims / Zachary ~ The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the .
Staff Profile, City University of Hong Kong ~ Dr. Julien Chaisse is Professor at the City University of Hong Kong, School of Law. He is an award-winning scholar and a globally recognized authority on the intersection between international economic law (trade, investment, and tax), international dispute resolution, and the transnational law of globalization.
Investment Treaties as Corporate Law: Shareholder Claims ~ Request PDF / Investment Treaties as Corporate Law: Shareholder Claims and Issues of Consistency. A Preliminary Framework for Policy Analysis / Claims by company shareholders seeking damages from .