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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Olga Stepanova
Definition of Foreign Investor: Nationality of Corporate Entities and "Corporate Veil" Doctrine
Private International Law
(Master’s programme)
10
2017
O.V. Stepanova

Definition of Foreign Investor: nationality of Corporate Entities and ”Corporate Veil” Doctrine

This graduate paper is aimed at examining the definition of foreign investor, the criteria used in the determination of the nationality of foreign investors and current application of “corporate veil” doctrine by international tribunals. The main objectives of the paper are: (a) to identify the definition and nature of the basic concepts (such as foreign investments and foreign investors); (b) to describe criteria for determination of investor’s nationality; (c) to analyze the main court practice (ICSID and non-ICSID case-law) regarding treaty shopping; (d) to analyze and describe the “corporate veil” doctrine applied in the international investment law; (e) to describe ICSID and non-ICSID case-law in relation to “corporate veil” doctrine.

The paper consists of an introduction, three chapters, a conclusion and a bibliography. Chapter I devoted to theoretical aspects of foreign investments and includes the brief description of the investments’ forms and main criteria of investments. This Chapter also elaborates legal nature of foreign investor. Chapter II contains analysis of nationality of foreign investors as well as theoretical aspects of the “corporate veil” doctrine. Chapter III contains analysis of international legal practice concerning application of the “corporate veil” doctrine. The author also examined the most topical issues arising out of application of the “corporate veil” doctrine.

Academic Supervisor:

Irina Ruderman, Professor of the Department of Public and Private International Law, Faculty of Law, National Research University “The Higher School of Economics”

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