Dual Nationality, and Dominant and Effective Nationality in Investment Arbitration

WAU’s panel on Dual Nationality, and Dominant and Effective Nationality in Investment Arbitration will discuss if dual nationals who hold both the nationality of a State party to the applicable investment treaty, and that of the host State where the investment is made, are allowed to bring an investment claim. In analyzing that question, the panel will consider public international law case law and recent investor-State arbitration awards, and will address the following issues:

• • • The practical application of the dominant and effective nationality criterion.
    • The factors that should be considered to determine the bond between a natural person and a State in the 21^stCentury, and
    • The appropriate interpretation under article 31 of the Vienna Convention on the Law of Treaties, when the investment treaty is silent and does not prohibit that dual nationals from the host State and the other State party to the applicable investment treaty submit an investment arbitration against the host State.