...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...
Search Results for : "Expropriation"
...BIT, such as fair and equitable treatment, protection against expropriation without compensation, or the right to a stable regulatory framework. The introduction of these guidelines may amount to a breach...
ISDS in the Era of Mandatory ESG Guidelines: Reforming Existing ...
...and defenses including an investor’s legitimate expectations under fair and equitable treatment clauses,[1] due process and non-discrimination in expropriation, protection of investments under full protection and security clauses,[2] the use...
The Challenge of Scientific Uncertainty in Future Investment Disputes Related ...
...importing from another Spain’s BIT a broader dispute resolution provision covering not only expropriation claims (such as the Spain-Lebanon BIT). Meanwhile, the Moldovan investor would not need to invoke the...
Full Protection and Security Standard: A Loophole in Diplomatic Protection ...
...Free Trade Agreement.[19] Most of Nigeria’s BITs contain similar provisions that detail the scope of the following standards: protected investor; protected investment; fair and equitable treatment; expropriation; national treatment; protection...
The Brazil-Nigeria Samba: From Partners in Business to Parties in ...
Articles Investment Arbitration in Eastern Europe: Recent Cases on Expropriation Kaj Hobér Damage Valuation of Indirect Expropriation in Public Services Manuel A. Abdala and Pablo T. Spiller The Color Line...
Volume 14: Issue 4 (December 2004)
...based on numerous grounds, such as expropriation, fair and equitable treatment and so on.[1] In tackling such claims, it has been suggested that the ‘police powers’ doctrine provides an avenue...
Police Powers as a Defence to COVID-19 Liability: Does it ...
...expropriation of their assets. In this background, Ecuador raised a counterclaim alleging breaches of Ecuadorian environmental law by the investors’ acts of polluting soil and groundwater. In both the cases,...
Bridging the Gap Between Investment Arbitrations and Environmental Concerns: Can ...
...Yukos’ total demise have been described by its former owners as “the biggest political expropriation in history,” and, not surprisingly, have given rise to “history’s biggest arbitrations,” with the Russian...
Enforcement of International Investment Arbitration Awards Against the Russian Federation* ...
...Especially regarding the consistency and clarity of legal standards—such as fair and equitable treatment (FET) and expropriation—the reform attempts regarding the ECT and the concerns raised by the Working Group...
Columbia Arbitration Day 2020
...decision, Chinese claimants brought an expropriation claim, and respondent Mongolia challenged the jurisdiction of the tribunal. The tribunal declined jurisdiction, and the claimants sought annulment of this jurisdictional award. It...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...provide a standard of protection, such as the obligation to afford fair and equitable treatment or the obligation not to engage in illegal expropriation. Yet whether there is an expropriable...