By OECD Organisation for Economic Co-operation and Develop
Overseas funding agreements set flooring principles for the way host governments deal with international traders. This companion quantity to overseas funding Perspectives provides an exceptional resource of knowledge on 4 key concerns: the definition of investor and funding; the translation of umbrella clauses in funding agreements; assurance of environmental, labour and anti-corruption matters; and the interplay among funding and companies chapters in chosen local alternate agreements.
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Additional resources for International Investment Law: Understanding Concepts and Tracking Innovations: A Companion Volume to International Investment Perspectives
V. Argentina, Decision of the Tribunal on Preliminary Questions on Jurisdiction Case No. ARB/03/10, 17 June 2005. Gas Natural is a corporation organised under Spanish law and has its principal place of business in Spain. In 1992, the claimant took part in a tender offer by the Argentine government as part of the privatisation of its gas sector. It then participated in a consortium that purchased 70% of the shares of an Argentine corporation and formed an Argentine company. According to the claimant, it invested in Argentina in reliance on Law No.
143. GAMI Investments, Inc. v. United Mexican States, Final Award, 15 November 2004. 144. GAMI, at 15, para 37. The US, in its submission argued that “[…] a minority noncontrolling shareholder may not bring a claim under the NAFTA for loss or damages incurred directly by an enterprise. A minority non-controlling shareholder has standing to bring a claim only for loss or damage to itself proximately caused by a breach”, Submission of the United States of America, 30 June 2003. 44 INTERNATIONAL INVESTMENT LAW: UNDERSTANDING CONCEPTS AND TRACKING INNOVATIONS – ISBN 978-92-64-04202-5 – © OECD 2008 1.
Pdf. 136. The only claim that it could make, argued Argentina, was one regarding direct damages to its shares in TGN (infringement of voting rights) not for its proportionate share of TGN’s damages. Because the ICSID Convention does not provide a definition of the term “investment”, the Tribunal analysed both the preConvention commentary on ownership of shares and a line of cases dealing with the issue of majority ownership of control. The Tribunal ruled that the Convention did not require control over a locally-incorporated company in order to qualify under the Convention.