Stabilization Clauses (Tax or Regulatory)
Recent articles
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
