...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...
...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...
...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...
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...
...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...
...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...
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...
...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...
...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...
...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...
...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...
...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...