The Role of Piercing the Corporate Veil doctrine in determination of foreign investor's nationality in ICSID Arbitration Procedure

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Moghaddam Abrishami Ali; ZAMAMI HAMED

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:20 | Issue:61 Page(s): 87-113

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Title

The Role of Piercing the Corporate Veil doctrine in determination of foreign investor's nationality in ICSID Arbitration Procedure

Author(s)

Moghaddam Abrishami Ali | ZAMAMI HAMED | Issue Writer Certificate

Keywords

Corporate veilQ1

ICSID investor state arbitrationQ1

Foreign controlQ1

Treaty shoppingQ1

Investment treatiesQ2

Abstract

The doctrine of ‘ Corporate veil’ is one of most controversial issues in international arbitration. Arbitral tribunals have taken different views as to whether the Corporate veil should be lifted in investment arbitration. In ICSID arbitration, this doctrine has been discussed in the context of ‘ nationality’ by considering ‘ Foreign control’ and ‘ Treaty shopping’ , and there are conflicting awards in this regard. The problem arises when tribunals face the question of lifting Corporate veil by applying the criterion of ‘ nationality’ . Treaty shopping itself has been subject to controversy and different interpretations. The controversy is posed when tribunals assess the relevance of place of registration as a criterion for determination of corporate nationality. By evaluating ICSID arbitration awards, this article argues that the doctrine of Corporate veil has been recognized in the majority of cases. It concludes that at least, in ICSID arbitration, this doctrine may not be perceived as a strict exception.

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APA: Copy

Moghaddam Abrishami, Ali, & ZAMAMI, HAMED. (2019). The Role of Piercing the Corporate Veil doctrine in determination of foreign investor's nationality in ICSID Arbitration Procedure. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 20(61 ), 87-113. SID. https://sid.ir/paper/225202/en

Vancouver: Copy

Moghaddam Abrishami Ali, ZAMAMI HAMED. The Role of Piercing the Corporate Veil doctrine in determination of foreign investor's nationality in ICSID Arbitration Procedure. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;20(61 ):87-113. Available from: https://sid.ir/paper/225202/en

IEEE: Copy

Ali Moghaddam Abrishami, and HAMED ZAMAMI, “The Role of Piercing the Corporate Veil doctrine in determination of foreign investor's nationality in ICSID Arbitration Procedure,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 20, no. 61 , pp. 87–113, 2019, [Online]. Available: https://sid.ir/paper/225202/en

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