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4 - Admissibility and Shareholder Standing

Published online by Cambridge University Press:  07 September 2020

Gabriel Bottini
Gabriel Bottini
Affiliation:
Uría Menéndez
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Summary

Chapter 4 analyses shareholder standing in international law, first under general international law and then in international investment law. From an admissibility perspective, it scrutinizes the difference between shareholder treaty rights, as described by investment tribunals, and the company’s contractual/national law rights. It shows that the two sets of rights overlap considerably. The chapter advocates a wider role for national and general international law on shareholder rights in admissibility/merits determinations, including principles connected to the company’s independent legal personality.

Keywords

Shareholder standingshareholder treaty rightsindependent legal personalityadmissibility
Type
Chapter
Information
Admissibility of Shareholder Claims under Investment Treaties , pp. 125 - 173
Publisher: Cambridge University Press
Print publication year: 2020

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