Chapter 16: SUCCESSION AFFECTING THE HOME STATE OF THE CLAIMANT INVESTOR AND RESULTING IN CHANGES OF NATIONALITY
This Chapter continues examining what happens when succession occurs during the arbitration proceedings, and specifically when it affects the home State of the claimant investor and results in changes of nationality during the proceedings. This chapter provides an outline of the basic rules regarding acquisition/loss of nationality for individuals and corporations in the context of State succession. It will be argued that a tribunal should continue to have jurisdiction over a case despite a claimant changing nationality after the commencement of the proceedings. This chapter analyses the controversial question of the application of the rule of continuous nationality in the context of State succession and BITs proceedings.
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