...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...
...to expropriation, a substantive issue that had arisen several times in ISDS cases involving the region. She emphasized that the majority of BITs in the region explicitly prohibited expropriation. She...
...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...
...to indirect expropriations, and uncertainty over the scope of this clause can deter states from taking actions that, while in the public interest, may be regarded as indirect expropriation and...
...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...
...wide scope of discretion to interpret it accordingly. The 2013 India-UAE BIT only alluded to indirect expropriation by referring to “indirect measures” (Art. 7.1). In contrast, both the 2015 Model...
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