The phenomenon of Treaty Shopping and the International Investment Dispute Settlement

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

mirmohammadi seyed mostafa; Khamisizadeh Mehran

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PUBLIC LAW STUDIES QUARTERLY Year:2021 | Volume:51 | Issue:3 Page(s): 951-971

Download Full-Text

Persian Verion

View:

Download:

Cites:

Information Journal Paper

Title

The phenomenon of Treaty Shopping and the International Investment Dispute Settlement

Author(s)

mirmohammadi seyed mostafa | Khamisizadeh Mehran | Issue Writer Certificate

Keywords

Nationality

Corporate Restructuring

International Investment Law

Disputes Settlement

Investor–

State Arbitration

Treaty Shopping

Abstract

For more than one decade, Treaty Shopping is at the center of the discussion of the International Investment Dispute Settlement. Generally, Treaty Shopping is a practice which international investors (natural and legal persons) through various methods, in particular, Nationality planning, corporate structuring or restructuring, and by transfer of claims deliberately are seeking to use or take more benefits of the more favorable advantages of the BITs which the home country probably conclude with the host or third countries. The arbitration courts are faced with this question that they should dismiss the disputes containing Treaty Shopping or not? And is Nationality planning or changing the corporate Nationality by investors which occur aiming at utilization of the treaties advantages would be “, Legitimate Nationality Changing”,or “, Treaty Abuse”, ? The aim of this article is to consider and analyze the notion of Treaty Shopping, methods which Treaty Shopping will be occurred and the quality of determining Treaty Shopping, in particular, in line with the foreign control notion based on the jurisprudence of the arbitration courts and investor-State arbitrations, in particular, ICSID and the solution for decreasing its possible effects.

Cites

No record.

References

No record.

Cite

APA: Copy

mirmohammadi, seyed mostafa, & Khamisizadeh, Mehran. (2021). The phenomenon of Treaty Shopping and the International Investment Dispute Settlement. PUBLIC LAW STUDIES QUARTERLY, 51(3 ), 951-971. SID. https://sid.ir/paper/1052225/en

Vancouver: Copy

mirmohammadi seyed mostafa, Khamisizadeh Mehran. The phenomenon of Treaty Shopping and the International Investment Dispute Settlement. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2021;51(3 ):951-971. Available from: https://sid.ir/paper/1052225/en

IEEE: Copy

seyed mostafa mirmohammadi, and Mehran Khamisizadeh, “The phenomenon of Treaty Shopping and the International Investment Dispute Settlement,” PUBLIC LAW STUDIES QUARTERLY, vol. 51, no. 3 , pp. 951–971, 2021, [Online]. Available: https://sid.ir/paper/1052225/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops