Treaty Shopping in International Investment Arbitration:
How often has it occurred and how has it been seen by tribunals?
Eunjung Lee
Joint Winner of the Prize for Best Dissertation,
MSc Development Management (2014)
Abstract
This paper examines the practice of treaty shopping in international investment arbitration. It estimates how often treaty shopping might have taken place in the past investor-state dispute settlement cases by verifying whether a claimant has its parent company incorporated or headquartered in another country. Then, it looks into the varied perception and responses of arbitral tribunals towards treaty shopping. Based on these analyses, some implications are drawn; treaty shopping adds potential loss to developing countries in the current investment regime, countries should more carefully design texts of international investment agreements and a multilateral investment regime would be an ultimate solution to treaty shopping.
Keywords
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Treaty Shopping
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Arbitration
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Investment
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Multilateralism
Download the dissertation here.