LEGU: The Nationality of Corporate Investors under International Investment
1:00pm - 2:00pm /
Monday 8th March 2021
Type: Webinar /
Category: Department
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- Admission: Free Admission - Booking Required. Contact slsjmret@liverpool.ac.uk
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The event is co-organised by Liverpool Economic Governance Unit (LEGU), Warwick Centre for Law, Regulation & Governance of the Global Economy (GLOBE) and IEL Collective.
Speaker: Dr Anil Yilmaz-Vastardis, Senior Lecturer, University of Essex
On 3 December 2019, the Financial Times reported that certain investors have begun restructuring their holdings in the UK public utility companies ‘to create the option of bringing lawsuits under bilateral investment treaties’. This was in response to the promise in the Labour Party manifesto to nationalise parts of public utilities in the UK. By posing as nationals and investors of other countries, a British company such as National Grid could bring itself within the protective remit of investment treaties. The law allows and even encourages such manipulation of a corporate investor’s nationality and identity. In her recently published monograph, Dr Anil Yilmaz Vastardis explores the ramifications of such manipulation and interrogates the interpretative and methodological choices of arbitral tribunals that underpin the increasingly permissive approach of IIA jurisprudence on corporate nationality. In this webinar, she will offer a timely discussion of the complex relationship between two legal fictions, “nationality” and ‘corporation” and their impact on the evolving investment treaty and arbitration practice.
Speaker: Dr Anil Yilmaz-Vastardis, Senior Lecturer, University of Essex
On 3 December 2019, the Financial Times reported that certain investors have begun restructuring their holdings in the UK public utility companies ‘to create the option of bringing lawsuits under bilateral investment treaties’. This was in response to the promise in the Labour Party manifesto to nationalise parts of public utilities in the UK. By posing as nationals and investors of other countries, a British company such as National Grid could bring itself within the protective remit of investment treaties. The law allows and even encourages such manipulation of a corporate investor’s nationality and identity. In her recently published monograph, Dr Anil Yilmaz Vastardis explores the ramifications of such manipulation and interrogates the interpretative and methodological choices of arbitral tribunals that underpin the increasingly permissive approach of IIA jurisprudence on corporate nationality. In this webinar, she will offer a timely discussion of the complex relationship between two legal fictions, “nationality” and ‘corporation” and their impact on the evolving investment treaty and arbitration practice.