TREATY COLUMN: State ownership and power to control not enough for attribution
Tuesday, 27 May 2014 (over a year ago) • Issue: Volume 9 - Issue 3
Matthew Weiniger QC and Iain Maxwell, partner and of counsel at Herbert Smith Freehills in London, consider a recent ICSID award in favour of Turkey, which concluded that the actions of a state-owned company were not attributable to the respondent state and could not therefore give rise to a successful BIT claim.
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