...judicial expropriation, the line between determining if an expropriation has occurred and determining if the expropriation is unlawful gets blurred. b. Confusing the boundaries between judicial expropriation and ‘denial...
Search Results for : "Expropriation"
...Article 6 (1)[3]states the following – Neither Party may expropriate or nationalize a covered investment either directly or indirectly through measures equivalent to expropriation or nationalization (“expropriation”), except: (a) for...
Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass
...reductions of investors’ expected returns, or indirect expropriation. Damage valuation of these cases is complex, and requires the use of appropriate methods. In this article we analyze and compare several...
Damage Valuation of Indirect Expropriation in Public Services – Vol. ...
Author: Kaj Hobér* Published: December 2004 Jurisdiction: Europe Topics: Investment Disputes Description: I. INTRODUCTION During the last 5–8 years there has been a dramatic increase in the number of arbitrations...
Investment Arbitration in Eastern Europe: Recent Cases on Expropriation – ...
...OR DAMAGES? The general remedy for lawful expropriation in the BIT is “compensation” as per the genuine value of the investment. However, commentators argue that an unlawful expropriation is a...
The Tik-Tok Ban in India: Remedies Under the ISDS Regime
...welfare objectives, and have given weight to whether the investors or investments are subject to like legal requirements, given their circumstances. 3. Expropriation The expropriation clause, found in Article 5...
India’s ban on Chinese apps: Could India face the fire ...
Author: Olivia Lu* Jurisdictions: International Topics: ICSID Expropriation Minimum Standard of Treatment Damages in Arbitration On September 9, 2021, an ICSID tribunal released its ruling in the arbitration proceeding...
Implications of Conflicting Governmental Priorities and Treaty Language in Eco ...
...expropriation decree for Santa Elena to convert the Property into a national park. However, Costa Rica did not compensate CDSE for the expropriation and neither took permanent possession of the...
The Santa Elena Case: Two Steps Forward, Three Steps Back ...
...However, many a time, these actions of the state and the courts have amounted to the expropriation of the rights granted to investors under Bilateral Investment Treaties (BITs). These BITs...
The Connection Between a COVID-19 Vaccine, Compulsory Licensing and Potential ...
...Crimea and the Challenge of Jurisdiction (Blog, November 28, 2018) Aditya Sengupta, Enforcing Arbitral Awards on Expropriation Under the Environmental Magnifying Glass (Blog, September 25, 2020) Zara Shafruddin, Investor-State Dispute...
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...standard in international law for determining expropriation. The implication of the tribunal’s analysis—whether it was an unorthodox investigative approach or instead presaged a new standard for the assessment of regulatory...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...brought by the shareholders of Yukos, once Russia’s largest oil and gas company, under the Energy Charter Treaty. The compensation granted for expropriation of the investor’s assets makes them the...