THE DEFINITION AND TYPES OF INDIRECT (HIDDEN) EXPROPRIATION OF FOREIGN INVESTMENTS
Journal Title: Порівняльно-аналітичне право - Year 2018, Vol 3, Issue
Abstract
The article deals with the specifics of the definition of the concept of indirect (hidden) expropriation.The blurring of the provisions on expropriation in international investment contractual practice, the lack of a clear line between compensation measures of compulsory seizure by the state and illegal indirect expropriation quite often lead to a loss of the title of ownership by a foreign investor.The division of expropriation into species is essentially practical in nature.Criteria for the classification of indirect expropriation are mainly formed from arbitration and judicial practice and facilitate the process of resolving disputes by adopting a unified approach to one or another category of disputes.
Authors and Affiliations
И. М. Ашихмин
Keywords
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