United Utilities Tallinn v. Estonia

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Case Details

Year of Filing: 2014

Case Status: Arbitral Phase Concluded

Claimant(s): United Utilities Tallinn B.V. Aktsiaselts and Aktsiaselts Tallinna Vesi

Respondent(s): Republic of Estonia

Arbitral Rules: ICSID

Legal Instrument: Treaty

Treaty: Estonia-Netherlands BIT

Administrative Case Number: ARB/14/24

Arbitral Tribunal

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Major Developments

Key Decision:

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Counsel

Counsel for Claimant:

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Counsel for Respondent:

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Analysis: Drymer-chaired tribunal unanimously rejects intra-EU objection and see control by minority shareholder, but arbitrators disagree on whether or not Estonia breached claimants’ legitimate expectations and right to due process in water dispute Jul 12, 2019

Award (and dissent) from United Utilities v. Estonia arbitration are now available Jul 9, 2019

Estonia escapes liability in Dutch bilateral investment treaty arbitration with United Utilities Jun 22, 2019

Baltic claims Round-Up: Simma chosen to chair UNCITRAL BIT case, EU Commission is permitted to weigh in with Achmea views in a case, and ad hoc committee has been selected to hear an annulment application Oct 9, 2018

As ICSID award looms, claimant in water utility tariff dispute files a parallel claim with the European Court of Human Rights May 17, 2018

ICSID tribunal bars parties in Estonian water dispute from publicly releasing legal filings, but leaves door open to some general commenting on the case May 16, 2016

Prospect of an intra-EU BIT objection by respondent-state is not enough to justify bifurcating jurisdictional phase of arbitration Jul 3, 2015

European claims update: tribunals finalized in Estonia, Albania and Spain arbitrations Mar 24, 2015

Investors make good on threat to launch arbitration over Estonian water rates dispute Oct 14, 2014

Round-up: Water concessionaire warns Estonia under Dutch treaty; Uruguay threatened over decree affecting ownership of pharmacies May 13, 2014