Authors: Gabriel Ortega* Topics: Investment Disputes Losses of Future Profits Unlawful Expropriation 1. Introduction The entitlement to compensation for losses of future profits in cases of unlawful expropriation, particularly when...
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
...argue direct expropriation as the increase of U.S. import tariffs will not remove the ownership of the investment. However, the story may be different regarding indirect expropriation. Indirect expropriation requires...
Could foreign investors use BITs or FTAs to sue the ...
...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...
Event Report: Exploring International Investment Law and Disputes in Central ...
...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
...Canadian investor brought claims under the Canada-Colombia FTA, alleging breaches of both the expropriation and MST provisions. While the tribunal found no expropriation, concluding that Colombia’s actions constituted a legitimate,...
Navigating Climate Action and ISDS Risks for South Korea
...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 ...
...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 – ...
...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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...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...