ICSID 'Foreign' Investment Requirement in Case of Borrowed Funds

(2015) Eurasia Arbitration Journal, January Vol. 1

23 Pages Posted: 16 Jan 2015

Date Written: January 16, 2015

Abstract

In this essay, analysis of a specific question related to the notion of investor’s nationality will be asked - can one consider an investment and, respectively, investor as foreign, if the investor who invests abroad (e.g. purchase of shares of local company) also borrows abroad? In order to answer this dilemma, the object and purpose of “foreign” investment will be assessed (section II), followed by analysis of funding arrangements in the context of foreign investment (section III). Next, the relevant practice of investor-state tribunals will be assessed (section IV) which will provide a basis for conclusions in relation to implications of local funding to the notion of nationality in international investment law (section V).

Keywords: investment, nationality, ICSID, arbitration

JEL Classification: K33

Suggested Citation

Daujotas, Rimantas, ICSID 'Foreign' Investment Requirement in Case of Borrowed Funds (January 16, 2015). (2015) Eurasia Arbitration Journal, January Vol. 1, Available at SSRN: https://ssrn.com/abstract=2550647

Rimantas Daujotas (Contact Author)

Queen Mary, University of London ( email )

Mile End Road
London, London E1 4NS
United Kingdom

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