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Most cited

This page lists all time most cited articles for this title. Please use the publication date filters on the left if you would like to restrict this list to recently published content, for example to articles published in the last three years. The number of times each article was cited is displayed to the right of its title and can be clicked to access a list of all titles this article has been cited by.

Contents

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  • HOW TO IDENTIFY INSIDERS AND INTRUDERS DISGUISING AS INVESTORS IN THE ASSIGNMENT OF INVESTMENTS

  • Raphael Ren, Soh Lip Shan
  • Published online by Cambridge University Press:
    31 March 2022, pp. 357-388

  • The constant exchange of investment assets poses a risk of ‘commoditisation’ of investment treaty claims. Nevertheless, both traditional and modern investment treaties contain sufficient safeguards against attempts by host State ‘insiders’ and third State ‘intruders’ to create artificial access to arbitration. First, the definition of ‘investment’ can filter genuine investments from bare acquisition of assets (ratione materiae). Second, the textual linkage between ‘investor’ and ‘investment’ strongly implies that ‘active contribution’ in the investment is required from assignees to qualify for protection (ratione personae). Third, the doctrine of abuse of rights prevents treaty shopping and internationalisation of domestic disputes (ratione temporis).

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  • Kuwait Airways Corporation v Iraqi Airways Company

  • Janeen M Carruthers, Elizabeth B Crawford
  • Published online by Cambridge University Press:
    17 January 2008, pp. 761-774

  • Even when a forum has completed the task of identifying, in any given case, the lex causae, there remains a possibility of further choice of law complexities as regards delimitation of the applicable law. The extent of leeway which a Scottish or English forum enjoys when purporting to apply the lex causae, in the question of whether that court should refer to,1 and apply, the whole corpus of the lex causae,2 is ultimately a matter for the forum's discretion, the exercise whereof admittedly few opportunities are afforded.

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Page 117 of 130