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International Journal of Frontiers in Sociology, 2023, 5(9); doi: 10.25236/IJFS.2023.050915.

Analysis of Shareholder Claims in International Investments

Author(s)

Yudi Zhang

Corresponding Author:
Yudi Zhang
Affiliation(s)

School of Law, University of Sydney, Sydney, Australia

Abstract

This article first explains the different types of the shareholder claims through a case presentation. Secondly, the paper analyses and examines the indirect claims of shareholders. The paper compares the indirect claims of shareholders with the direct claims of shareholders. By way of illustrating classic cases, the paper introduces the indirect claims of shareholders under customary international law and the indirect claims of shareholders under international investment arbitration. The paper also analyses and explains the problems that may arise from the exercise of shareholders' indirect claims. The above approach provides a deeper understanding of the indirect claims of shareholders. Then, the article analyses the issue of whether the corporate veil is revealed, which is a critical issue in shareholder claims. The paper provides examples of cases where the tribunal reveals the corporate cover and cases where the tribunal does not reveal the corporate veil to better understand whether the corporate veil is revealed. Finally, the article analyses some measures to address the issue of shareholder claims.

Keywords

shareholders claims, ICSID, indirect corporate investment

Cite This Paper

Yudi Zhang. Analysis of Shareholder Claims in International Investments. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 9: 87-93. https://doi.org/10.25236/IJFS.2023.050915.

References

[1] Christoph Schreuer, 'Shareholder Protection in International Investment Law' [2005] Investor-State Disputes - International Investment Law

[2] Campbell McLachlan, Laurence Shore, Matthew Weiniger, International Investment Arbitration : Substantive Principles (Oxford University Press, 2thed, 2017)

[3] Suzy H. Nikièma, Best Practices: Definition of Investor (IISD, 2012)

[4] Stephan W. Schill, The multilateralization of international investment law (Cambridge University Press, 2009)