Piercing Corporate Veil May Invite Close Scrutiny of Corporate Family Tree
What exactly is a foreign investor?
To the layperson, it may seem self-evident: a national of one country who invests in another country.
But in an era when foreign investors often enjoy much more favourable legal and financial benefits than their domestic counterparts, it seems that everyone is scrambling to be classified as a foreigner these days.
One particular catalyst for this trend has been the proliferation of investment protection treaties which are designed to protect foreign investors from expropriation or other forms of mistreatment at the hands of their host state.
Because many of these treaties are drafted loosely, they often protect businesses which incorporate off-s [...]
The Nature of International Arbitration
The Kluwer Arbitration Blog is a project that has been in the works for months, and we are excited about what the future holds for this new venture. As the managing editor of this new blog, I wanted to offer a few quick thoughts about the nature of international arbitration and why I think the time is ripe for this endeavor.
The international arbitration world is a unique epistemic community. We come from every corner of the globe and yet we all deeply care about the same issues. We number in the thousands and yet there is a remarkable degree of collegiality among our members. The arbitration world is marked by an astonishing variety of individuals who share the common attributes of cosm [...]
Welcome to Kluwer Arbitration Blog
Early last summer I discussed the idea for a blog on international commercial arbitration with Gary Born, one that would feature posts of the highest possible quality. Later that summer I bumped into Roger Alford at the annual ITA Workshop in Dallas and realised that he was considering the very same idea and had already talked to Luke Peterson about launching such a blog. In the end, we all decided to join forces, with Roger as managing editor.
We agreed that the blog should include frequent, high quality discussions on international arbitration in its broadest sense, thus including private and public arbitration. We specifically did not want to talk shop or to gossip. And althoug [...]
