Shareholders' Claims for Reflective Loss in International Investment Law

Lukas Vanhonnaeker is a post-doctoral fellow at the Faculty of Law, McGill University, Montréal, Canada, where he is conducting research in the field of international economic law with an emphasis on international investment law and arbitration and international corporate law.

• Introduction. International investment law's narrative and shareholders' claims for reflective loss; 1. Shareholders in international investment law; 2. International investment law's shareholders' claims for reflective loss: a clash of policies; 3. Shareholders' claims for reflective loss in domestic regimes, customary international law of diplomatic protection and human rights law; 4. International investment law on the standing of shareholders; 5. Legal uncertainty and inconsistency militating against shareholders' claims for reflective loss: the unpredictability of investment disputes involving shareholders; 6. Shareholders' claims for reflective loss and the dangers of parallel proceedings; 7. International res judicata as a solution to parallel proceedings arising from shareholders' claims for reflective loss in international investment law; 8. Calculating damages in shareholders' claims for reflective loss; Conclusion; Bibliography; Index.

'This book explains why international investment law, unlike domestic law and other areas of international law, protects shareholders against reflective loss. Vanhonnaeker not only meticulously describes this practice, which is based on treaty law as well as on tribunal practice. He also explains the policies behind this development and offers detailed solutions to the problems engendered by it. Altogether an impressive scholarly achievement.' Christoph Shreuer, Of Counsel, zeiler.partners Vienna