Criteria for Determining the Affiliation of a Foreign Investor to a Particular State in an Investment Arbitration Dispute


  • Mate Khvedelidze



Investor, partnership, foreign investment, investment agreement, investment contract, arbiter, arbitration tribunal.


Implementing effective means of dispute resolution between a state and an investor represents significant achievement of the International Investment Law. Considering the abovementioned, In the Investment Law it is of crucial importance to determine which investor is eligible and has access to the international dispute resolution means. For the investor to gain access to the international dispute resolution means and to be the subject of the regulations of the ICSID convention or other bilateral or multilateral investment agreements, it is essential for the investor to meet the criteria of being foreign investor. Otherwise, in case of a dispute with a state, the investor will have to use internal dispute resolution means and national courts.


In this article the following is discussed: International standards of determining nationality of physical person investors, international standards of determining nationality of legal persons by place of registration, location of headquarters, nationality of governing persons and location of real economic activities. In the article method of determining investors’ nationalities during partnerships is also discussed. Research of the aforementioned issues is significant both to ensure protection of investor’s rights and to introduce dispute prevention mechanisms.


Author Biography

Mate Khvedelidze

PhD Student at Ivane Javakhishvili Tbilisi State University, Faculty of Law, Senior Associate at Legal Firm “J&T Consulting”, Affiliate Assistant at Sulkhan-Saba University, Faculty of Law.


Agreement between the Government of the Republic of Georgia and the Government of the People's Republic of China on Mutual Protection and Promotion of Investments, Legislative Herald of Georgia, 01/03/1995, as of 22/01/2023.

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, Washington, 18 March, 1965.

Dolzer R., Schreuer C., Principles of International Investment Law, Oxford Uniceristy Press 2012, 45, 46, 47, 48, 49.

Khvedelidze M., Impact of the Association Agreement on the investment related issues connected to Georgia, Journal “Justice and Law” №4(60)18, 66 (in Georgian).

Perkams M., Protection for Legal Persons, International Investment Law, Bungenberg M., Griebel J., Hobe S., Reinisch A., Kim Y.-I. (eds.), Baden-Baden, Hart Publishing, 2015, 638, 641, 642, 648, 649.

Reed L.F., Davis J.E., Who is a Protected Investor, International Investment Law, Bungenberg M., Griebel J., Hobe S., Reinisch A., Kim Y.-I., Baden-Baden, Hart Publishing, 2015, 617, 625.

Rubins N.N., Kinsella S., International Investment Political Risk and Dispute Resolution, A Practitioner’s Guide, Oxford, Oceana Publications Inc., 2005, 139, 140.

Salacuse, W. J., The Law of Investment Treaties, second edition, Oxford University Press 2015, 42.

Schlemmer E.C., Investment, Investor, Shareholders, International Investmemt Law, Muchlinski P., Ortino F., Schreuer C. (eds.), Oxford University Press, 2008, 71, 75, 79, 80.

Schokkaert J., Heckscher Y., International Investment Protection, Comparative Law Analysis of Bilateral and Multilateral inerstate Conventions, Doctrinal Texts and Arbitral Jurispudence concerning Foreign Investments, Bruylant Bruxelles, 2009, 223, 224, 246, 248.

Bidzina Ivanishvili v. Georgia, ICSID Case No. ARB/12/27.

Gardabani Holdings B.V. and Silk Road Holdings B.V v. Georgia(ICSID Case No. ARB/17/29).

Nasib Hasanov v. Georgia (ICSID Case No. ARB/20/44; Bob Meijer v. Georgia (ICSID Case No. ARB/20/28);

Telcell Wireless, LLC and International Telcell Cellular, LLC v. Georgia (ICSID Case No. ARB/20/5);> [16.01.2023]. [23.05.2023].



How to Cite

Khvedelidze, M. (2023). Criteria for Determining the Affiliation of a Foreign Investor to a Particular State in an Investment Arbitration Dispute. Alternative Dispute Resolution Yearbook, 12(1), 92–100 (Geo) 101.