...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,...
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...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 ...
...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 ...
...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 ...
...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...
Case Comment: Comissa v. PEMEX, 832 F.3d 92 (2d Cir. ...
...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 ...
...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 ...
...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 ...
...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...
Monique Sasson, Substantive Law in Investment Treaty Arbitration, The Unsettled Relationship ...
...diversity would be to “show their merit [and] intelligence” (Ms. Bhagnani) and ask parties for feedback about their arbitrators (Mr. Recena Costa). With regard to conflicts and “minimal doubt,” there...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...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
...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...