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Orascom TMT Investments SARL v Algeria, Award, ICSID Case No ARB/12/35, IIC 948 (2017), despatched 31st May 2017, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

Reporter(s)

Jonathan Brosseau

Orascom TMT Investments SARL v Algeria, Award, ICSID Case No ARB/12/35, IIC 948 (2017), despatched 31st May 2017, United Nations [UN]; World Bank; International Centre for Settlement of Investment Disputes [ICSID]

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 26 June 2019

Whether the term ‘siège social’ in the definition of an ‘investor’ in the Agreement between the Belgium-Luxembourg Economic Union and the People’s Democratic Republic of Algeria for the Reciprocal Promotion and Protection of Investments (‘Belgium-Luxembourg Algeria BIT’) refers to the statutory or real seat of a company.

Whether indirect shareholding constitutes an ‘investment’ under both the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States and the Belgium-Luxembourg-Algeria BIT.

Whether investment treaties enable the pursuit of several claims by multiple entities in a vertical ownership chain for the same economic harm.

Whether the use of corporate form to claim for the same economic harm can amount to an abuse of rights.

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