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International Arbitration, Gates of Palais de Justice

Jan 01, 2017

Is There a “Nationality” of Investment? Origin of Funds and Territorial Link to the Host State

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Associate Margaret Clare Ryan, authored an article, titled “Is There a “Nationality” of Investment? Origin of Funds and Territorial Link to the Host State”, that was published in Jurisdiction in Investment Treaty Arbitration, IAI Series on International Arbitration, No. 8 (Y. Banifatemi, ed.), on January 2018.

Protection under international investment agreements is subject to a number of conditions, the key conditions being qualification as a protected “investor” with a protected “investment,” and being within the temporal scope of the treaty’s protection. While questions surrounding the nationality of an individual and corporate investor have been extensively debated in the arbitral case law, the question whether an investment should have a particular “nationality” to meet the requirements of jurisdiction ratione materiae has received relatively little attention. The present contribution will analyse whether a protected investment is subject to any “nationality” requirements by reference to two separate issues: first, whether the funds used to make an investment should originate from a particular source or in a particular jurisdiction, and second, whether an investment should have a specific territorial nexus to the host State.

View the full article “Is There a “Nationality” of Investment? Origin of Funds and Territorial Link to the Host State”, in Jurisdiction in Investment Treaty Arbitration, IAI Series on International Arbitration, No. 8 (Y. Banifatemi, ed.), 2018, pp. 97-126.