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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
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 …
Persistent link: https://www.econbiz.de/10010463416
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Investment treaties and shareholder claims : analysis of treaty practice
Gaukrodger, David - 2014
. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally …
Persistent link: https://www.econbiz.de/10010463415
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Investment Treaties and Shareholder Claims for Reflective Loss: Insights from Advanced Systems of Corporate Law
Gaukrodger, David - Directorate for Financial, Fiscal and Enterprises … - 2014
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 …
Persistent link: https://www.econbiz.de/10011276700
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Investment Treaties and Shareholder Claims: Analysis of Treaty Practice
Gaukrodger, David - Directorate for Financial, Fiscal and Enterprises … - 2014
. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally …
Persistent link: https://www.econbiz.de/10011276703
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Investor-State Dispute Settlement : A Scoping Paper for the Investment Policy Community
Gaukrodger, David - 2012
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10012454249
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Investor-State Dispute Settlement : A Scoping Paper for the Investment Policy Community
Gaukrodger, David; Gordon, Kathryn - 2013
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10014161516
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Developments in the Legal Standing of Shareholders and Holding Corporations in Investor-State Dispute
Valasek, Martin - 2014
The focus of this paper is to systematically analyze the legal standing of shareholders before arbitral tribunals under … modern investment treaties. We will examine the legal standing of different categories of shareholders, including “minority …” and “indirect” shareholders, as well as the controversial issue of the standing of intermediate corporations (also …
Persistent link: https://www.econbiz.de/10013057679
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Investment treaties as corporate law : shareholder claims and issues of consistency
Gaukrodger, David - 2013
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 …
Persistent link: https://www.econbiz.de/10010230659
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Investment Treaties and Shareholder Claims for Reflective Loss : Insights from Advanced Systems of Corporate Law
Gaukrodger, David - 2015
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 …
Persistent link: https://www.econbiz.de/10013031083
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Temporal validity of international investment agreements : a large sample survey of treaty provisions
Pohl, Joachim - 2013
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658