Reflective Loss Claims in Internationals Investment Arbitration: Feasibility and Foundations

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Bahmaei Mohamad Ali; Narimani Zaman Abadi Mohammad Reza

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Journal: International Law Review Year:2022 | Volume:- | Issue:65 Page(s): 229-262

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Information Journal Paper

Title

Reflective Loss Claims in Internationals Investment Arbitration: Feasibility and Foundations

Author(s)

Bahmaei Mohamad Ali | Narimani Zaman Abadi Mohammad Reza | Issue Writer Certificate

Keywords

reflective lossQ1

foreign investment disputesQ1

protection of shareholdersQ1

Investment ArbitrationQ1

ICSIDQ1

Abstract

reflective losses concern damages resulting from losses sustained by the corporate entity which are felt by shareholders in the form of devaluation of their shares. Shareholders’ suits seeking compensation for such damages are barred under corporate law systems but have caused lengthy debates in international Investment Arbitration: On one hand, foreign persons often organize their investments in host States through acquisition of shares in a local company. On the other, current arbitral precedence allows foreign investors/shareholders to seek compensation for devaluation of their shares resulting from host States’ illegal measures against the local company. The present article studies the said arbitral precedence and reviews the arguments put forward by tribunals for allowing such damages to be sought in investment disputes.

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APA: Copy

Bahmaei, Mohamad Ali, & Narimani Zaman Abadi, Mohammad Reza. (2022). Reflective Loss Claims in Internationals Investment Arbitration: Feasibility and Foundations. INTERNATIONAL LAW REVIEW, -(65 ), 229-262. SID. https://sid.ir/paper/414019/en

Vancouver: Copy

Bahmaei Mohamad Ali, Narimani Zaman Abadi Mohammad Reza. Reflective Loss Claims in Internationals Investment Arbitration: Feasibility and Foundations. INTERNATIONAL LAW REVIEW[Internet]. 2022;-(65 ):229-262. Available from: https://sid.ir/paper/414019/en

IEEE: Copy

Mohamad Ali Bahmaei, and Mohammad Reza Narimani Zaman Abadi, “Reflective Loss Claims in Internationals Investment Arbitration: Feasibility and Foundations,” INTERNATIONAL LAW REVIEW, vol. -, no. 65 , pp. 229–262, 2022, [Online]. Available: https://sid.ir/paper/414019/en

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