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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Piercing the Veil of State Enterprises in International Arbitration

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ISBN13: 9789041151629
Published: April 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £128.00

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State enterprises are separate and legally independent from the state and should therefore be treated in the same manner as private corporations – that is, neither privileged nor disadvantaged. However, the records of international arbitration show that the corporate veil of state enterprises has rarely, if ever, been pierced. This important book asks why this is so, and takes a giant step towards establishing the circumstances under which the rules of international law may allow piercing the veil of state corporate enterprises. To answer the questions of how far we should go in holding states responsible for the acts of their enterprises, and which principles should be applied, the author focuses on the theory of state attribution, ultimately concluding that, when it comes to enterprises owned or controlled by states, veil-piercing constitutes a special form of attribution.

Along the way the following issues and their interrelations come up for discussion:

  • responsibility of states for corporate action in investment law;
  • relevant cases under the law of human rights, EU Competition law, WTO law, and, public international law;
  • decisions issued by the ICJ and by the national courts;
  • state enterprises acting as recipients of foreign investment, as well as foreign investors;
  • how recent developments in investment law grant non-state actors the right to sue states at an equal level;
  • piercing the corporate veil in investment arbitration;
  • why a state minister might not represent a state in the same way as a director binds a company.
Analysis of the law of state attribution includes detailed commentary on portions of the ILC Articles on State Responsibility, the Algiers Declaration of 1981, the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty of 2007 (ECT), and the ICSID Convention. This book’s elucidation of the legal and political levers of the current global order is evident in every chapter. For its systematic discovery of the patterns of state responsibility in relation to state enterprises, and for its crystallization of the place of these corporations in international law, this book will appeal to a wide range of practitioners and academics.

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Arbitration and Dispute Resolution
List of Abbreviations.
Table of Cases.
Table of International Instruments.
Table of Statutes.
1. State Enterprises and Foreign Direct Investment.
2. State Enterprises in International Law.
3. Piercing the Veil in Municipal Law.
4. Piercing the Veil at the Supra-national Level.
5. Piercing the Veil of Investors in Nationality Claims.
6. State Responsibility for State Enterprises’ Action in Investment Law.
7. Conclusions.

Series: International Arbitration Law Library

The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print