Amnart Tangkiriphimarn

Amnart Tangkiriphimarn obtained his LL.B., First Class Honors, from the Faculty of Law, Thammasat University in 2009. He then earned his LL.M. and J.S.D. degrees from Yale Law School in 2013 and 2018 respectively. His doctoral dissertation concerns the issue of indirect expropriation in contemporary international investment law. He currently serves as a law lecturer at the Faculty of Law, Thammasat University, where he teaches international investment law, arbitration, and business organizations. His areas of interest include public international law, international economic law, and business law.

Designation: Thammasat University, Faculty of Law
Institution: Thammasat University, Faculty of Law
Paper: The Doctrine of Abuse of Rights and Corporate Restructuring: The Right to Access International Investment Arbitration
Abstract: "One situation serving well as an example of whether there exists an abuse of rights is where foreign investors enable themselves to invoke jurisdictional provisions in investment treaties by way of corporate restructuring. Some investment tribunals allow this practice provided that such strategic adjustments had been made before investment disputes arose, whereas other investment tribunals hold that even the restructuring had been made before the dispute arose, it might constitute an abuse of rights if the dispute had been foreseeable. To this point, without much discussion of its policy implications, the existing literature prevailingly endorses this emerging jurisprudence whereby the concept of abuse of rights has been extensively applied. This research will examine the exact character, extent, and legal consequences of abuse of rights in international law. It will also offer answers to particular questions concerning corporate restructuring: Can restructuring companies for jurisdictional purpose constitute an abuse of rights? What are elements of such an abuse? Next, what legal consequence should be given to abusive corporate restructuring? Should tribunals deny jurisdiction at the outset? Or should they deal with the issue in the merit or quantum phrase?"