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Best Practices: Definition of Investor

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Best Practices: Definition of Investor

This paper looks at the criteria defining the range of protection granted to investors, and particularly at the role the nationality of an investor can play in investor-state arbitration.

It also analyzes the issues that may arise in this regard, by taking into account the respective bilateral investment treaty (BIT) clauses and the interpretation provided by the international arbitration tribunals. In addition, the paper gives a set of recommendations regarding how to address issues such as dual nationality, and how to provide clear and predictable definitions when drafting the BIT chapters and clauses on investor protection.