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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Nationality of Claim: Investment Arbitration

Javier García Olmedo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 March 2023

Nationality of individuals — Nationality of corporations — Investment ‘in accordance with host state law’ — Denial of benefits clause — Host state nationality — Nationality of investor — Abuse of process

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Anyone familiar with the law relating to the nationality of claims, or with the international role of nationality more generally, will remember the words of the late Professor Francisco Orrego Vicuña in his seminal piece entitled ‘Changing Approaches to the Nationality of Claims in the Context of Diplomatic Protection and International Dispute Settlement’. In this paper, published in 2000, he foresaw that ‘to the extent that the intervention of the State is reduced or eliminated as a requirement for submission of international claims, the link of nationality...
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