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Foreign Investor's Control Acquisition and its Carrying out of Legal Entity in International Investment Law

Student: Kolesnikov Vladislav

Supervisor: Vadim Lipovtsev

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The subject of the study of final qualifying work is an analysis of the substance, standard features and the main control criterion in international investment law, methods and ways of its acquisition and implementation in the internal private law legislation as well as in international law on foreign investment. Particular attention is paid to such relevant issues as the comparison of forms and methods of acquisition of foreign control in the companies in international mergers and acquisitions, the justification of the legal regimes, exemptions and protective restrictions on the acquisition of corporate control. Some practical trends in the evolution of the legal institution of corporate control in the practice of domestic courts, international courts and tribunals, international arbitration were investigated. According to study conducted in the writing of final qualifying work, it was revealed that the matter of foreign control in private investment relations complicated appears as a complex and challenging legal institution which has a unique definition and regulation in the law of various legal systems. The concept of control in modern private international law has an economic basis for considering control as an institutional element of the modern developing and diversifying commercial turnover, implicating increasing complexity of corporate communications. Within the frameworks of such trends and conditions the main form of structuring of international investment relations is the foreign direct investment made primarily in corporate financial instruments and aimed at the acquisition and implementation of corporate control.

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