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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Arbitration Internat...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Arbitration International
Article . 2018 . Peer-reviewed
License: OUP Terms of Use and Content Access Policy
Data sources: Crossref
SSRN Electronic Journal
Article . 2017 . Peer-reviewed
Data sources: Crossref
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The Use of Trusts in Investment Arbitration

Authors: Odysseas G Repousis;

The Use of Trusts in Investment Arbitration

Abstract

This article is the first to address the use of trusts in investment arbitration, and particularly all those instances in which trust structures may have a direct bearing on investment treaty claims. As a matter of fact, the increasing use of trusts in transnational business has created a whole new set of considerations that call for the attention of users and practitioners alike. Owing to the intricacies of trusts, and in the light of a series of recent cases, this article sets out to explore such questions as standing to sue, authorisation to bring claims on behalf of the trust or the assets held in trust, whether the trustee, the beneficiary or other trust parties should be considered covered investors, whether the trust itself may have standing, whether any resulting damages award should form part of the trust assets and be distributed in accordance with the trust deed as well as other admissibility and quantum-related questions that may arise when dealing with trusts. All in all, this article maps the multitude of issues that trust structures raise in investment arbitration. And while it may be too early to draw any conclusive remarks based on the cases discussed in this article, it would appear that trusts test the somewhat laggard abilities of investment treaties to entertain the complexity of modern day investment practices.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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