TREATY COLUMN: State ownership and power to control not enough for attribution

Tuesday, 27 May 2014 (5 months 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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