I would like to receive chapter by chapter,
and if it’s possible I want Chapter two (Corporate Nationality under ICSID Convention) within 5 days.
Research Proposal:
Corporate Nationality under ICSID and UAE Bilateral Investment Treaties
Name: ……………………………
ID Number: ………………….
Course: ………………………….
Course Instructor: ……………………………
08 July 2017
Table of Contents
Abstract 3
Background and Research Rationale 3
Research Problem 4
Research Questions 5
Research Methodology 5
Scope 7
Analytical Framework: 7
Preliminary Literature Review 7
Research Outline: 14
Chapter One: General Introduction 14
Chapter Two: Corporate Nationality under ICSID Convention 14
Chapter Three: Corporate Nationality under UAE Bilateral Investment Treaties 15
Chapter Four: Analysis & Conclusion 17
Research Timeline 18
Bibliography 20
Abstract
Given the legal difficulties both individual and corporate investors have faced in transacting international business transactions due to their citizenship, this research proposal aimed at extensively analysing the concept of ‘nationality of investors’ under ICSID and UAE bilateral investment treaties. The proposal outlines the background and rationale for this study and proposes the use of desk-based research for collecting, and analysing the issues (including treaties, arbitral awards, and major writings) surrounding the concept of nationality of investor’s under investment treaty arbitration. The proposal further provides for a preliminary literature review on some of the key issues of study with a Gant Chart showing the research timeline.
Background and Research Rationale
Nationality of investors is significant for several purposes. Substantive standards guaranteed in a treaty only apply to privileged investors . Typically, citizens of states party to a treaty are privileged. Additionally, the jurisdiction of an international tribunal is defined, inter alia, by the nationality of the claimant. Particularly, in the event that the host state consent to jurisdiction is offered via a treaty, it only applies to citizens of a state that is party to the treaty . For one to gain access to dispute settlement in accordance with the ICSID Convention, negative and positive nationality requirement exist. It becomes a requirement that an investor be a citizen of a state that is signatory of ICSID Convention. In addition, the investor must not be a citizen of the host state.
The need to research nationality of investors under ICSID and UAE investment treaties is necessary given the complexity of arrangements concerning nationality of corporations. There also exists indication that even in cases involving dual nationality of investors; tribunals do not apply the doctrine of dominant or effective nationality . Complexity of investor nationality was evident in the case of Micula v. Romania where the Tribunal rejected a request to rely on a genuine link test even though only a single nationality was at issue. Whereas some treaties use siege social (the main seat of business or incorporation) for corporate nationality, some go beyond the formal requirements of the seat or incorporation. There is the requirement of intricate bond of economic substance between the states whose nationality investor’s claim and the corporate investors. Understanding these legal procedures require the kind of research that this thesis purposes to undertake.
Research Problem
Given the complexity that comes with issues of nationality of investors (especially corporate investors), this research aims at unveiling the meaning of “nationality of corporate investors” under ICSID Convention. Further, the research shall look into the legal aspects of what constitute “investors” under ICSID. In this regard, the research intends to evaluate the dilemma that might arise between UAE BIT(s) definition of corporate nationality and ICSID’s conception of corporate nationality. UAE is currently a signatory to over 50 bilateral investment treaties. Therefore the need for coherent and predictable nationality test in UAE treaty practice is undoubtedly paramount. For instance, according to China- UAE bilateral investment treaty, corporate nationality can be purely determined by place of incorporation, while according to UAE-Greece BIT both countries have adopted incorporation and ‘effective economic activity tests.
Research Questions
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