Shareholders' Injury and Compensation in Investor -State Arbitration

Protopsaltis, Panayotis (2019) Shareholders' Injury and Compensation in Investor -State Arbitration. In: Permutations of Responsibility in International Law. Brill/Nijhoff, pp. 185-216. ISBN 9789004390485

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Abstract

The limited number of relevant decisions and awards on investors’ injury and compensation relied on both the distinction between the company and its shareholders and the rules on State responsibility to define the scope of injury of the majority shareholders, the minority shareholders and the company and the quantum of each claimant’s compensation. With respect to the scope of injury, despite rejecting the relevance of the Barcelona Traction rule, tribunals have consistently recognised the distinction be-tween majority shareholders, minority shareholders and the company and have allowed claims only for their respective direct injury. In contrast, with respect to the definition of the quantum of compensation, they have consistently relied on the rules on State responsibility but have often compensated shareholders for damage suffered by the company.

Item Type:	Book Section
Identification Number:	10.1163/9789004390485_010
Dates:	Date Event 1 March 2018 Accepted 11 February 2019 Published Online
Uncontrolled Keywords:	Shareholders; Injury and Compensation; Investor; State Arbitration
Subjects:	CAH16 - law > CAH16-01 - law > CAH16-01-01 - law
Divisions:	Faculty of Business, Law and Social Sciences > College of Law, Social and Criminal Justice
Depositing User:	Panayotis Protopsaltis
Date Deposited:	04 Apr 2018 09:03
Last Modified:	03 Mar 2022 15:55
URI:	https://www.open-access.bcu.ac.uk/id/eprint/5738

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