ICSID중재 상의 투자자에 관한 논점 분석

A Study on the Investors of the ICSID Arbitration

The purpose of this paper is to examine the specifics of Investors on the ICSID Arbitration and to help the our investors or government for reference in their investment contracts. This author analyzed and divided the characteristic features of investors comprising ICSID jurisdiction. The functions of the International Centre for the Settlement of Investment Disputes(ICSID) are important in view of international economic relations and international arbitration. Investors are either individuals(natural persons) or companies(juridical persons). An individual’s nationality is determined primarily by the law of the country whose nationality is claimed. Nationals of the host states are generally excluded from international protection even if they also hold the nationality of another state. The most commonly used criteria for corporate nationality are incorporation or the main seat of the business. And Host states often require that investments be made through locally incorporated companies. Normally, these local companies will not qualify as foreign investors and will hence not enjoy the ICSID Convention’s protection. But these may be treated as foreign nationals on the basic of an agreement. Also, Investment often take place through the acquisition of shares in a company that has a nationality different from that of the investor.