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The Standing of State-Owned Entities Under Investment Treaties

Yearbook on International Investment Law & Policy 2010-2011 (K. Sauvant, ed.) (OUP) (2012)

Posted: 3 Jun 2014 Last revised: 13 Oct 2015

Mark Feldman

Peking University School of Transnational Law

Date Written: October 1, 2012

Abstract

A significant and growing amount of foreign investment is made by State-owned entities (SOEs). Given that development, the issue of whether disputes concerning such investment constitute investor-State disputes falling within, or State-to-State disputes falling outside of, the scope of investment treaty protections is likely to arise with greater frequency. This chapter concludes that when distinguishing investor-State from State-to-State disputes under the ICSID Convention, tribunals should consider not only the commercial or governmental nature, but also the commercial or governmental purpose, of an SOE's activities.

Keywords: investor-state arbitration, investment arbitration, international arbitration, state-owned enterprises, state-owned entities, bilateral investment treaties

JEL Classification: K33

Suggested Citation

Feldman, Mark, The Standing of State-Owned Entities Under Investment Treaties (October 1, 2012). Yearbook on International Investment Law & Policy 2010-2011 (K. Sauvant, ed.) (OUP) (2012) . Available at SSRN: https://ssrn.com/abstract=2444578

Mark Feldman (Contact Author)

Peking University School of Transnational Law ( email )

China

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