...COMMISA with no forum for its claims which was imperative and amounted to uncompensated governmental expropriation which constituted unconstitutional taking in the U.S. COMMENT For reasons that follow, discussed...
Search Results for : "Expropriation"
...estoppel, mitigation of harm, ratification, and equity. Some of the neighboring doctrines in investment arbitration include legitimate expectations, fair and equitable treatment, full protection and security, non-discrimination, and non-expropriation. One...
TagTime with Prof. Dr. Mohamed S. Abdel Wahab – Good ...
...in their bilateral or multilateral investment treaties. If a host state fails to observe its obligation, such as expropriation, violation of fair and equitable treatment and most-favored-nation treatment, foreign investors...
TagTime with Alvin Yeo SC – Indirect Investments in Investor-State ...
...control measures on various grounds: inter alia, the abuse of process, indirect expropriation, and normative stability as host-States’ obligation. The two tribunals were aware that much was at stake for...
Tobacco Control Measures and International Investment Law After Philip Morris ...
...settlement when the same state actions that are the subject of a claim (e.g., expropriation of profitable investments) may have deprived the investor of the financial means to launch an...
Arbitration Finance in the Aftermath of a Pandemic: Third-Party Funding ...
...more limited situations and with heightened domestic remedy requirements.[3] All investors may bring claims under a limited number of claims including, national treatment, most favored nation treatment, and expropriation; while...
US-MCA Differences between Arbitration Agreements with Canada, Mexico, and the ...
...indirect expropriation, a host-State may breach FET even if its conduct did not cause a substantial deprivation of the investment. Additionally, in contrast to national treatment and most-favored nation treatment,...
Fair and Equitable Treatment as Boilerplate – Vol. 30 No. ...
...intricate and industry-specific and may encompass issues related to community rights (particularly those of indigenous peoples), environmental concerns, mineral resource nationalization or expropriation, or breaches of financing agreements—including pricing, supply,...