ICSID Review - Foreign Investment Law Journal Vol. 30 Issue 1

This document is part of the Oxford University Press Law Library.

Publisher:

Issue/Volume: Vol. 30 Issue 1

Publication Date: 2015

Language: English

Table of contents

• Investor–State Dispute Settlement Under the Transatlantic Trade and Investment Partnership: Have the Negotiations Run Aground?
• Maxwell Lecture

• Apotex Inc v The Government of the United States of America
• RSM Production Corporation v Saint Lucia

• Investomercial Arbitration: Whence Cometh It? What Is It? Whither Goeth It?
• Enforcement of International Commercial Arbitration Agreements and Awards in Investment Treaty Arbitration
• Procedural Requirements of ‘Denial-of-Benefits’ Clauses in Investment Treaties: A Review of Arbitral Decisions
• Horizontal and Vertical Relationships of International Courts and Tribunals - How Do We Address Their Competing Jurisdiction?
• Time to Reassess Remedies for Delays Breaching ‘Effective Means’
• Investor-State Disputes and the Rise of Recourse to State Party Pleadings As Subsequent Agreements or Subsequent Practice under the Vienna Convention on the Law of Treaties
• The No of Tokyo Revisited: Or How Developed Countries Learned to Start Worrying and Love the Calvo Doctrine
• Challenge and Disqualification of Arbitrators at ICSID: A New Dawn?

• The Rule of Non-Aggravation of the Dispute in ICSID Arbitration Practice
• The Admissibility of Evidence in ICSID Arbitration: Considering the Validity of WikiLeaks Cables as Evidence
• Determining the Place of Arbitration in ICSID Additional Facility Proceedings
• The China–EU BIT and the Emerging ‘Global BIT 2.0’

• Book Review of Piercing the Veil of State Enterprises in International Arbitration / by Albert Badia ISBN 978-9041151621, $216.00
• Book Review of Commentaries on Selected Model Investment Treaties / edited by Chester Brown. ISBN 978-0-19-964519-0, £180.00
• Book Review of Damages in International Arbitration under Complex Long-Term Contracts / by Herfried Wöss, Adriana San Román Rivera, Pablo Spiller and Santiago Dellepiane ISBN 978-0-19-968067-2, £145.00

Lindsay Gastrell

Procedural Requirements of ‘Denial-of-Benefits’ Clauses in Investment Treaties: A Review of Arbitral Decisions

Abstract—Denial-of-benefits clauses in investment treaties are generally designed to exclude from treaty protections nationals of third States which, through mailbox or shell companies, seek to benefit from provisions that the State parties to the treaty did not intend to grant them. A review of recent investment cases reveals that tribunals have reached significantly diverging decisions as to when, how and with what effect these clauses can and should be invoked. Given the importance of their functioning both to investors and host States, this article examines how the procedural requirements of denial-of-benefits clauses have been interpreted by investment tribunals and what might explain the differences in analysis and outcomes.