We are happy to annouce the publication of an peer-reviewed article taking into consideration the issue of investors’ nationality in foreign direct investments, or more specifically, the issue of abuses of corporate structures in transnational investment deals. The article compares the facts in two ICSID cases, Tokios Tokelés v Ukraine and TSA Spectrum v Argentina, where ICSID tribunals had to choose between the place of incorporation of the entity and the controling nationality of the investors (corporate veil piercing) to establish ‘foreign control’ and the Centre’s jurisdiction. The Phoenix Action v Czech Republic is also cited because of its insights on “bona fide” investments. 

A. Martin, International investment dipsutes, nationality and corporate veil: some insights from Tokios Tokeles and TSA Spectrum de Argentina, Transnational Dispute Management, Volume.8 Issue.1 February 2011

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By Robert Grabosch, Attorney at law
A recent decision of a U.S. appellate court has quenched much hope for the availability of legal redress at U.S. courts for corporate misconduct in the Global South. As this post explains, the jurisdiction of civil courts in the European Union over European corporations’ conduct in the Global South is significantly less problematic than the jurisdiction of U.S. courts. Read the rest of this entry »

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