Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-t5tsf Total loading time: 0 Render date: 2024-11-04T18:09:50.593Z Has data issue: false hasContentIssue false

3 - Mixed Claims Commissions and the Origins of Central Concepts

Published online by Cambridge University Press:  07 September 2020

Gabriel Bottini
Affiliation:
Uría Menéndez
Get access

Summary

Chapter 3 examines the historical origins of the standing, cause of action, and damages ideas that are at the heart of this study. The focus is on decisions of ad hoc arbitral tribunals and ‘mixed claims commissions’ of the nineteenth and first half of the twentieth centuries, in particular the Venezuelan and Mexican Commissions of 1903 and 1923–1934 respectively. The chapter aims to understand the context and function of the concepts from which the current position on shareholder standing and international causes of action evolved. It concludes that mixed claims commissions and ad hoc tribunals were already attentive to and dealt with the effects of overlaps between national and international claims. This chapter suggests that contemporary investment tribunals should adopt a similar approach.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×