Dual Nationals, France, French Law, Garcia Armas

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Article 25 of the ICSID Convention imposes a condition on natural persons that they cannot bring a claim against the host State if they possess the nationality of both the contracting States of the invoked treaty (dual nationals). This is an added qualification to the requirements for a qualified investor mentioned in the treaty. Therefore,…

Annulment, Appointment of arbitrators, Equal Treatment, France

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Recently, in the landmark Vidatel case (previously discussed here), the French Court of Cassation (“Court of Cassation”) rejected an appeal for setting aside an arbitral award on the ground, among others, that the tribunal was improperly constituted. This appeal had arisen from a Paris Court of Appeal (“Court of Appeal”) judgment refusing to set aside…