The issue of dual nationals in investment treaty arbitration goes beyond self-identification and involves questions of treaty interpretation and, in some cases, principles developed within the framework of diplomatic protection.
This article provides an overview of jurisprudence concerning “who” a person really is in international investment law. It addresses the complex interplay between national and international law with regard to nationality, as well as the contrasting treatment of natural persons and corporate bodies as investors.
This article was originally published in the Bahrain Chamber for Dispute Resolution (BCDR) International Arbitration Review in December 2016 [(2016) 3 BCDR Int. Arb. Rev. 2]
For the full article please see here.