Executive Summary

With the number of Latin American individuals acquiring a second or third nationality growing, and with an increase in the flow of investment to Latin America, the authors explore how the issue of a person's dominant and effective nationality will likely become increasingly relevant to investor-State arbitrations involving Latin American nationals and States. With reference to recent investor-State arbitrations involving Latin American nationals and States, the authors discuss two main issues related to the principle of dominant and effective nationality that arise in investor-State ...