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Issues Relating To The Identity Of The Investor

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Chapter Summary

Issues relating to the identity of the investor are rather multifarious; they are too intertwined to lend themselves to easy dissection and they are not as hotly controversial as those that my fellow panellists are discussing. This chapter outlines these interesting and important issues. It illustrates some of the basic rules and a few of the complexities that result from the state of affairs. The chapter considers how to identify the investor for the purposes of the exercise of jurisdiction by a arbitral tribunal. It also considers issues relating to the nationality of the investor. The purpose of the chapter is to get around the fact that, on the one hand, States do not want to be sued by their own nationals, and on the other, the fact that States frequently require a local company to be set up by the foreign investor as part of the investment arrangements.

Keywords: investor; jurisdiction; nationality; States

10.1163/ej.9789004206007.i-516.13
/content/books/10.1163/ej.9789004206007.i-516.13
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