Tag: expropriation
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The European Commission's Non-Paper on Model Clauses for Member States' BITs with Third Countries
In October last year, the European Commission released a Non-Paper on Model Clauses with Annotations for EU Member States' negotiation of bilateral …
CANADA'S NEW 2021 MODEL BIT
ICSID'S LONGEST RUNNING DISPUTE: TRIBUNAL DISMISSES APPLICATION FOR ANNULMENT OF RESUBMISSION AWARD
The new draft Dutch BIT: what does it mean for investor mailbox companies?
The Netherlands has released a new draft investment treaty for public comment ("Draft BIT"). If adopted, the Draft BIT may raise questions about …
European Commission publishes draft investment chapter for the TTIP, including investment protection provisions and the establishment of an International Investment Court
On 16 September the European Commission published detailed draft proposals for the investment chapter in the proposed Transatlantic Trade and Investment …
Video post in "Observations on Arbitration" series: "Introduction to Investment Arbitration"
In this video post in the "Observations on Arbitration" series, Christian Leathley provides an Introduction to Investment Arbitration, discussing the …
Repaving the Southeast Asian Silk Road: EU-Singapore Free Trade Agreement negotiations concluded
In the wake of the recent agreement of the EU-Canada Comprehensive Economic and Trade Agreement (EU-Canada CETA) and after just over a year of …
Exxon Mobil is awarded US$1.6 billion in ICSID claim against Venezuela – to be set off against award in parallel contractual arbitration
On 9 October 2014, a tribunal of H.E. Judge Gilbert Guillaume (President), Professor Kaufmann-Kohler and Dr. Ahmed Sadek El-Kosheri rendered a final …
Long-awaited EU-Canada trade agreement agreed - a blueprint to set the standard for future investment protection?
On Friday 26 September, after five years of negotiations, the EU and Canada agreed in principle to a text for the Comprehensive Economic Trade Agreement …
The largest Arbitration Awards in history: Three Majority shareholders in Yukos awarded total damages of over $50bn from the Russian Federation
On 18 July 2014, the Claimants in three related arbitrations administered under the 1994 Energy Charter Treaty and the 1976 UNCITRAL Arbitration Rules …
No jurisdiction over BIT claims if investor fails to state a prima facie case
In Achmea BV v The Slovak Republic (PCA Case No. 2013-12), the tribunal considered the respondent’s objection that it lacked jurisdiction on the ground …
Europe consults on investment protection and ISDS in the TTIP
The European Commission has launched a public consultation on its proposed approach to investment protection and investor-state dispute settlement (ISDS) …
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