Piercing the Corporate Veil Doctrine in International Investment Agreements

Inhaltsverzeichnis (Table of Contents)

• I. INTRODUCTION
• II. PIERCING THE CORPORATE VEIL FOR THE PURPOSES OF SHAREHOLDERS' INDIRECT CLAIMS
  • A. PROVISIONS OF INTERNATIONAL INVESTMENT AGREEMENTS ON INDIRECT CLAIMS
    • 1. Definition of “Investment” in IIA
    • B. STANDING OF SHAREHOLDERS' ACTION FOR INDIRECT CLAIMS
    • C. STANDING OF SHAREHOLDERS TO BRING INDIRECT CLAIMS IN INVESTMENT TREATY DISPUTES
    • D. THE PROBLEM OF THE AUTONOMOUS NATURE OF SHAREHOLDERS' INDIRECT CLAIMS
  • III. PIERCING THE CORPORATE VEIL FOR THE PURPOSES OF DENIAL OF BENEFITS CLAUSES
    • A. DEFINITION OF NATIONALITY OF INVESTORS IN INTERNATIONAL INVESTMENT TREATIES
    • B. DISREGARDING THE CORPORATE FORM IN DENIAL OF BENEFITS CLAUSES
• IV. CONCLUSION
• ANNEX 1. Known treaty-based ISDS cases initiated in 2016 involving Ukraine

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This master thesis explores the application of the piercing the corporate veil doctrine within the framework of international investment agreements (IIAs). It examines the complexities of shareholders' indirect claims, the determination of investor nationality for the purpose of denial of benefits clauses, and the implications of piercing the corporate veil in these contexts.

• The definition of "investment" in IIAs and its relationship to shareholders' indirect claims.
• The standing of shareholders to bring claims under IIAs, considering the principles of separate legal personality and derivative rights.
• The application of the piercing the corporate veil doctrine in denial of benefits clauses, particularly in relation to investor nationality.
• The autonomous nature of shareholders' indirect claims and its implications for investment treaty disputes.
• The impact of the piercing the corporate veil doctrine on the effectiveness of international investment agreements.

Zusammenfassung der Kapitel (Chapter Summaries)

Chapter II delves into the complexities of shareholders' indirect claims in the context of IIAs. It analyzes the definition of "investment" under IIAs, the standing of shareholders to bring such claims, and the development of shareholders' rights in international investment law. This chapter also explores the concept of "foreign control" as a criterion for determining standing. Chapter III examines the application of the piercing the corporate veil doctrine in relation to denial of benefits clauses in IIAs. This chapter focuses on the determination of investor nationality, particularly in cases involving corporate structures and foreign control. It analyzes different scenarios where the corporate veil might be pierced, such as "A-B-A" and "A-B-C" scenarios.

Schlüsselwörter (Keywords)

The key terms and concepts examined in this thesis include international investment agreements (IIAs), piercing the corporate veil doctrine, shareholders' indirect claims, denial of benefits clauses, investor nationality, foreign control, corporate structure, separate legal personality, derivative rights, and investment treaty disputes.