2013 Fiscal Year Final Research Report
The constraints of the investor as a claimant in investment treaty arbitration.
| Project/Area Number |
23730037
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Kitasato University (2013)
Tohoku University (2011-2012) |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 投資条約 / 投資家＝国家間紛争処理（ISDS）条項 / 仲裁手続 / 請求主体 / 国際投資法 / 投資紛争解決国際センター（ICSID） / 原告適格（スタンディング） / 私人の国際法主体性 |
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| Research Abstract |
In this research, the constraints of the claimants in investment treaty arbitration was examined both from the point of view of the "abuse" and "effective nationality".
Limitation of claimants on based of the "abuse" includes 2 forms. First one is the abuse relating to the incorporation of the company to make the investment in question (abuse of substantive right), and second, relating to raise a claim (abuse of process). The important point here is the criteria of "abuse". Some criteria are shown in the arbitration precedents, but there is no clear standard. Therefore, it is proposed to use of a clear standard of time (critical date) for constraints of claimants in international investment treaty arbitraion. About the "effective nationality", it is necessary to study the relation with the "denial of benefits" clause in investment treaty.
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