Abstract

CAICEDO-DEMOULIN, José Joaquín  and  MERIZALDE-URDANETA, Juan Felipe. CONTROL OF THE NATIONALITY OF INVESTORS FOR INTERNATIONAL ARBITRATORS. Int. Law: Rev. Colomb. Derecho Int. [online]. 2009, n.15, pp.41-81. ISSN 1692-8156.

The term investor is inexorably linked to the concept of nationality. Although public international law has established clear and mandatory criteria to determine the effectiveness of nationality, ICSI D arbitral tribunals have disregarded such criteria and have rather adopted a pro-arbitration approach inconsistent with the general principles of international law and the very same scope of the ICSI D Convention.

Keywords : Effectiveness of nationality; investor; effective nationality; international arbitration; ICSI D Convention; Citizenship; International; Arbitration; Public International Law; Foreign Investments.

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