Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a … substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result … systems of national corporate law (and other international law). ISDS arbitrators have consistently found that shareholders …

investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally … bar shareholders from claiming for reflective loss – loss that arises from injury to "their" company (such as a decline in … the value of shares). The claim for the loss belongs to the injured company and not to its shareholders. In contrast …