Use and Abuse of Nationality in International Arbitration (Hybrid)

Event Details

In some areas of international law, the "nationality" of a legal or natural person determines the protections or benefits for which that person is eligible. Yet neither law nor policy on the role of nationality in qualifying or disqualifying persons from legal protection are static or uniform. For instance, in investor-state disputes the increasing complexity of global investment flows has raised concerns about the potential misuse and abuse of nationality to access the protection of investment treaties.

Recent arbitral and annulment committee decisions have both accepted and rejected claims that dual nationals holding the nationality of both the "home" and "host" state to the treaty are foreign investors eligible for treaty protection. Tribunals have also grappled with questions of whether and how the nature of a "person" as legal or natural affect how rules on nationality apply.

BIICL and Curtis, Mallet-Prevost, Colt & Mosle convene this hybrid event where distinguished experts from the legal and academic communities will take stock of recent ISDS cases on these issues. Speakers will examine these issues of nationality from a different perspective, looking both at how businesses approach nationality planning today, and how the "home" nationality of investors may or may not affect development outcomes arising from foreign investment. The panellists will also zoom out and examine how other spheres of international law that link protections or benefits to nationality, including international tax law and law on diplomatic protection, treat these issues and explore the implications of those fields' approaches for investment treaty disputes.

Introductory Remarks

Prof. Yarik Kryvoi, British Institute of International and Comparative Law

Speakers

• María Vicien Milburn, Independent Arbitrator
• Rodrigo Monardes, Head of International Affairs, Ministry of Finance, Chile
• Dr. Javier Garcia Olmedo, Queen Mary University of London/University of Luxembourg
• William Hampson, Counsel, Curtis Mallet Prevost Colt Mosle LLP

 
Moderator

Luciana Ricart, Partner, Curtis Mallet Prevost Colt Mosle LLP 

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Pricing and Registration

This is a hybrid event, being held in person at the BIICL office in Russell Square, London and virtually.

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