...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...
Search Results for : "Expropriation"
...standard in international law for determining expropriation. The implication of the tribunal’s analysis—whether it was an unorthodox investigative approach or instead presaged a new standard for the assessment of regulatory...
Not Patently an Investment: Enforcing Intellectual Property Claims in Investment ...
...Expropriation clause (protecting against measures ‘equivalent to nationalization or expropriation’ except for a ‘public purpose’ and against ‘fair and equitable compensation’), and a Transfers clause (protecting free transfers of ‘all...
Bangladesh’s Regime Change – The India-Bangladesh BIT (2009) and the ...
...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 ...
...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...
State Immunity From Execution in the Collection of Awards Rendered ...
...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 ...
...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 ...
...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)
...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. ...
...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...