Claims by Dual Nationals under Investment Treaties: Are Investors Entitled to Sue Their Own States?

Javier García Olmedo
2017 Journal of International Dispute Settlement  
Nationality plays a vital role in the field of investor-state arbitration. Most investment treaties require that, to benefit from treaty protection, an investor must be a national of the home state. Yet, the determination of nationality for investment treaty purposes can be particularly complex, raising a number of unresolved questions of considerable practical importance. One of these questions is whether investors who hold the nationality of both state parties to an investment treaty (i.e.
more » ... l nationals) are entitled to sue their own home state where the treaty is silent on the issue of dual nationality. This contribution contends that, when faced with a claim of this nature, arbitral tribunals should apply the well-established customary rule of dominant and effective nationality, and uphold jurisdiction only if the investor maintains a stronger connection with its home state.
doi:10.1093/jnlids/idx017 fatcat:zmql6yy7ejevfhvt2nnvccxtyu