Arbitration Involving Dual Nationals Under Investment Treaties: A New Area of Conflicting Rulings in International Law
DOI:
https://doi.org/10.55908/sdgs.v11i11.1961Keywords:
international investment policy, nationality, dual nationalities, investment treaties, investment arbitrationAbstract
Objective: The paramount purpose of the study is to put forth conflicting decisions in International Law while arbitrating dual nationals under investment treaties.
Method: The majority of investment treaties are predicated on clauses that are somewhat wide and define qualified standards.
Result: According to the findings of a number of studies, the increased participation of dual nationals in investments in host countries will likely result in future issues for international investment law (IIL), particularly the ISA system. Because of this, it is essential to conduct an in-depth investigation on the level of protection that dual nationals receive from investment deals, especially from Investor-State Dispute Settlement’s point of view.
Conclusion: In investor-state arbitration (ISA) context, one's nationality is an extremely vital factor. Most investment treaties provide that in order to be eligible for the protections afforded by the treaty, an investor needs to hold citizenship in the home state. However, determining a person's nationality for the reason of an investment treaty can be an especially challenging endeavour, as it brings up a number of unanswered problems that are of significant relevance in practical terms.
References
Javier García Olmedo, Dual Nationals in Investment Treaty Arbitration: An Emerging Field of Inconsistent Decisions, Blog of the European Journal of International Law, July 27, 2023, https://www.ejiltalk.org/dual-nationals-in-investment-treaty-arbitration-an-emerging-field-of-inconsistent-decisions/
Article 25(2)(a) of the ICSID Convention
UN Doc A/31/98, 31st Session Supp No 17.
Serafín García Armas and Karina García Gruber v. Bolivarian Republic of Venezuela, PCA Case No. 2013-3
International Centre for Settlement of Investment Disputes [ICSID] 575 UNTS 159
United Nations Commission on International Trade Law [UNCITRAL], UN Doc A/31/98, 31st Session Supp No 17
2012 U.S. Model Bilateral Investment Treaty
Manuel García Armas et al. v. Bolivarian Republic of Venezuela, PCA Case No. 2016-08
ARTICLE 31(3)(C) OF THE VIENNA CONVENTION - Volume 54 Issue 2.
Vienna Convention on the Law of Treaties, 1155 U.N.T.S. 331, 8 I.L.M. 679, Jan. 27, 1980.
Mohsen Aghahosseini, Claims of Dual Nationals and the Development of Customary International Law, Developments in International Law, Volume: 59, 2007.
Draft Articles on Diplomatic Protection with Commentaries, 2006
García Armas v. Venezuela, Luis García Armas v. Bolivarian Republic of Venezuela, (ICSID Case No. ARB(AF)/16/1)
27 June 2023, Cour d'appel de Paris, RG n° 22/02752
Pohl, J., K. Mashigo and A. Nohen (2012), “Dispute Settlement Provisions in International Investment Agreements: A Large Sample Survey”, OECD Working Papers on International Investment, 2012/02, OECD Publishing. http://dx.doi.org/10.1787/5k8xb71nf628-en
2012 U.S. Model Bilateral Investment Treaty, Article XI(2)
2012 U.S. Model Bilateral Investment Treaty, Article XI(3)
Article XI(2) of the ICSID Convention
Javier García Olmedo, Dual Nationals in Investment Treaty Arbitration: An Emerging Field of Inconsistent Decisions, Blog of the European Journal of International Law, July 27, 2023, https://www.ejiltalk.org/dual-nationals-in-investment-treaty-arbitration-an-emerging-field-of-inconsistent-decisions/
2012 U.S. Model Bilateral Investment Treaty, art I(2)
Judgment of the Madrid Superior Court of Justice (Jugment No. 69/2021) - 10 Nov 2021
Zaza Okuashvili v. Georgia, SCC Case No. EA 2019/038
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