It is notable that on, Russia enacted amendments to its Foreign Investment Law stipulating, inter alia, that foreign nationals who also have Russian nationality shall not be considered foreign investors in the meaning of the Foreign Investment Law. The 2016 Guidelines also provide for the exclusion of companies owned or controlled by nationals of the host state. The 2016 Guidelines exclude investments made by individuals who are nationals of the host state or were nationals of the host state at the time when the investment was made. Russian BITs do not expressly exclude the protection of investments made by dual nationals. The 2016 Guidelines provide for the exclusion of companies owned or controlled by nationals of a third state. The exception is the Japan BIT, which in certain circumstances excludes the application of MFN treatment to companies that are under the ‘decisive influence’ of third-party nationals. Most Russian BITs in force extend protection to otherwise-qualifying juridical persons that are owned or controlled by investors of a third party. Several Russian BITs (including treaties with Argentina, the Czech Republic, Egypt, Spain, Switzerland, Ukraine and Lithuania) stipulate that in order to qualify for protection as an ‘investor’, a legal person must have the capacity under the laws of its home jurisdiction to invest in the other contracting party. Conversely, the Philippines BIT extends protection to companies not incorporated in a contracting party but effectively controlled by nationals or companies of that contracting party. Guidelines on the negotiation of BITs 17 stipulate that BITs should require that investors carry out ‘substantial economic activity’ in the contracting party. Additionally, some BITs in force (eg, with Switzerland) require that the investor carry out economic activities in the contracting party in addition to incorporation there. However, 18 BITs in force (including treaties with Austria, Belgium/Luxembourg, China, France and others) require that the investor also have its ‘seat’ within the territory of the relevant contracting party. Most Russian investment treaties, as well as the 2001 14 and the 1992 15 Russian model BITs, provide that a juridical person incorporated or duly organised according to the laws of a contracting party is an ‘investor’. What are the distinguishing features of the definition of “investor” in this country’s investment treaties? Russiaĭistinguishing features in relation to the definition of ‘investor’ Qualifying criteria – any unique or distinguishing features? 2. We take no view as to its proper status under international law. * Territory not recognised as an independent state. 2 Between the Russian Federation and the Socialist Republic of Vietnam (5 October 2016) 1 Between the Russian Federation and the Socialist Republic of Vietnam (5 October 2016) Protocol No. (a) BITs/MITs BIT contracting party or MITĮurasian Economic Union Treaty (1 January 2015)Įurasian Economic Union – Vietnam (5 October 2016) Protocol No. What are the key features of the investment treaties to which this country is a party? Russia Furthermore, CEEOL allows publishers to reach new audiences and promote the scientific achievements of the Eastern European scientific community to a broader readership.Last verified on Thursday 28th July 2022 Investment Treaty Arbitration: Russia Noah Rubins KC andįreshfields Bruckhaus Deringer Overview of investment treaty programme 1. CEEOL offers various services to subscribing institutions and their patrons to make access to its content as easy as possible. Currently, CEEOL covers more than 2000 journals and 690.000 articles, over 4500 ebooks and 6000 grey literature document. CEEOL provides scholars, researchers and students with access to a wide range of academic content in a constantly growing, dynamic repository. Currently, over 1000 publishers entrust CEEOL with their high-quality journals and e-books. In the rapidly changing digital sphere CEEOL is a reliable source of adjusting expertise trusted by scholars, publishers and librarians. CEEOL is a leading provider of academic e-journals and e-books in the Humanities and Social Sciences from and about Central and Eastern Europe.
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