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Stabilization Clauses (Tax or Regulatory)

Recent articles

Majority of Kaufmann-Kohler and Stern reject claim that Ecuador’s windfall profits tax is an expropriation of Burlington’s investment Dec 21, 2012

French company, Veolia, launches claim against Egypt over terminated waste contract and labor wage stabilization promises Jun 27, 2012

ANALYSIS: Choice of BIT arbitration over contractual remedies fails to pay off in Ulysseas v. Ecuador case; stabilization clause also hurts case Jun 18, 2012

Moldova loses another treaty arbitration with Russian investor, but shows signs of cooperation with the arbitration system May 17, 2011

ANALYSIS: ICSID Committee rejects bid to annul award in Peruvian energy tax stabilization dispute Mar 31, 2011

Hungary prevails in first of three Energy Charter Treaty (ECT) arbitrations over power pricing disputes; arbitrators affirm that “politics” is not a dirty word Sep 28, 2010

ANALYSIS: ECT’s stability clause does not immunize foreign investors from legal changes in Hungary; arbitrators see no clash between ECT and Hungary’s EU law obligations Sep 28, 2010

Tax exclusion clause in US-Ecuador BIT foils some claims by US energy company hit by energy windfall levy; arbitrators will hear expropriation claim Jun 27, 2010

Arbitrators analyze umbrella clause in US-Ecuador treaty, but split on their readings of an earlier tribunal ruling Jun 27, 2010

Failure by oil corp to give Ecuador prior notice of treaty violations thwarts claims rooted in indigenous opposition to oil development Jun 27, 2010

Mongolia mining arbitrations proliferate; one of three known treaty claims could see debate as to scope for arbitration under Communist-style investment treaty Jun 27, 2010

ANALYSIS: Multitude of safeguards and exceptions make for baroque Canadian BITs with Romania, Latvia, Czech Republic May 11, 2009

ANALYSIS: Tribunal grapples with the meaning and extent of tax stabilization in Duke v. Peru contract arbitration Aug 26, 2008

ICSID tribunal awards $18.4 Million to Duke Energy for breach of tax stability pledges by Peru; Other claims rejected Aug 26, 2008

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